Stone v. Commonwealth Coal Co.

The plaintiffs, while crossing Beacon Street in Boston, were struck and injured by a motor truck. They *362were using due care, and the driver of the truck was negligent. The truck belonged to the defendant. McDonnell, who ¡was driving it, was employed in the coal yard of the defendant as a night watchman and in cleaning up the yard, where he did, also, whatever odd jobs he was asked to do by his superior. The accident took place about eight o’clock in the forenoon of Monday, December 11,1922. McDonnell had finished his watch at the yard and was about to start for home when he recalled that the…