Grogan v. York

At the time of the accident the plaintiff Ernest H. Grogan was five and a half years of age. From the undisputed facts and the evidence most favorable to the plaintiffs, we have the following account. Dennett Road was about 18 feet wide with a bank or ridge on the easterly side perhaps 2 or 2 1/2 feet high of dirt, mud and ice pushed there by a bulldozer. The surface of the street was thawing with the ground frozen underneath. There were ruts, holes and mud puddles in the road. The truck involved was a two to three ton International dump truck with dual wheels in the rear and was loaded with…