Lyttle v. Monto

The case went to the jury on the amended declaration, designated as the “ third count; ” and there was a verdict for the plaintiff. The only exception is to the refusal of the judge to direct a verdict for the defendant. On the evidence most favorable to the plaintiff the jury could find the material facts to be as follows: On the afternoon of May 16, 1921, the defendant Monto was operating an automobile truck owned by him. At the corner of Lowell and Chestnut streets in the city of Waltham he saw the plaintiff, a boy nine years of age, and asked him where “ Dolan’s Paint Shop ” was, on Alder…