Axtell v. City of Newton

The opinion of the court was delivered by

Marshall, J.:

The plaintiff, a boy ten years old, by his next friend, commenced this action to recover judgment for .injuries sustained by him in an alley in the city of Newton. Judgment was rendered in favor of the defendant, and the plaintiff appeals. He was injured by a stone, weighing about a ton, falling on his foot, crushing it so that amputation was necessary to save his life. The stone was the property of a dealer in monuments, and had been in the alley with the knowledge of the city for a number of months. The boy was passing *33through the alley,…