Zampella v. Fitzhenry

The opinion of the court was delivered by

Minturn, J.

While playing upon a public street, in Jersey City, the plaintiff, a boy fifteen years of age, was invited by the driver of an automobile truck, who was in the employ of defendant, to hoard the truck for a ride. While occupying a position on the running board of the truck, the latter struck a rat in the street, causing the boy to fall from the truck and thereby receive the injuries which present the basis for this suit. The truck was used for general delivery purposes and at this time was engaged in transporting machinery. Other boys were…