Sample v. City of Melrose

The first action is by a child to recover for personal injuries sustained on July 11, 1939, when, being four years of age, he fell into an excavation made by the defendant’s water department in a driveway “on private premises” where this plaintiff (hereinafter called the plaintiff) resided with his parents. The second action is by the plaintiff’s father for consequential damages. Both actions are based upon alleged negligence in failing properly to guard the excavation and to warn of its existence. In each case the defendant excepts to the denial of its motion for a directed verdict in its…