Walsh v. Loorem

This is an action under St. 1898, c. 565, for causing the death of the plaintiff’s intestate, an infant aged seventeen months and twenty-seven days, by running over him with a wagon in the highway. The plaintiff has had a verdict, and the case is hére on the defendant’s exception to a refusal to take the case from the jury on the ground that the mother of the child left it unattended so far as to amount to a want of due care.

The mother had been going to and fro between her house and that of Mrs. Griffin, which was the next house but one to hers. She had left the child with or near some other…