Cipollone v. D'Alessandro-Crognale, Inc.

On May 1, 1951, the minor plaintiff, then four years of age, was burned by coming in contact with a highway torch on Cottage Avenue, an unaccepted street in Boston. In this action of tort the minor plaintiff, whom we shall refer to as the plaintiff, sues for personal injuries allegedly due to the defendant’s negligence in placing the torch during the performance of a contract for the construction of a sewer in front of her house. There is a count by her father for consequential damages. The jury returned verdicts for the plaintiffs.

One of the defendant’s exceptions was to the denial of its…