Stackpole v. Standard Coat, Apron & Linen Service, Inc.

This is an action of tort in which the plaintiffs seek to recover damages for injuries allegedly sustained by the minor plaintiff, Donald Stackpole, on April 18, 1965, when he was struck by a metal window grate which allegedly fell from the side of a building at 169 Norfolk Avenue in Boston, Massachusetts.

At the trial there was evidence tending to show that on the day of the accident the plain*68tiff, Donald Stackpole, was walking on Norfolk Avenue in the company of two other boys. As he passed in front of 169 Norfolk Avenue, he heard a cracking noise and saw the grate coming down. He put up his…