Luster v. Luster

The trial judge heard the case upon an auditor’s report without other evidence. Pertinent findings of fact by the auditor are these: The plaintiff is the infant son of the defendant and lived with his parents in Gloucester. The defendant conducted a store in a small building on premises owned by him adjacent to the home. He also conducted a wholesale fruit and vegetable business. For transporting produce he used a truck which he kept in a garage about thirty feet in the rear of the store. On July 6, 1932, the plaintiff, who was then two and one half years of age, had been placed in the charge…