Faircloth v. Framingham Waste Material Co.

The plaintiff, a boy three years and seven months old, while running across Sca.mmp.il Street, Quincy, in the vicinity of his home, was hit and injured by an automobile truck driven by an employee of the defendant. The trial judge in the District Court found *322for the plaintiff and reported to the Appellate Division certain rulings made and refused by him on the defendant’s requests for rulings. The Appellate Division held that the trial judge erred in refusing to give the defendant’s second and fourth requests, namely: “2. On all the evidence there is no evidence that any negligence of the…