Barry v. Panich

The plaintiff, a boy nearly sixteen years of age, was kneeling on the grating of a catch basin located by the edge of a public way in Malden in the early afternoon of April 12, 1947, endeavoring by means of a broom stick to get a baseball out of the catch basin when he was struck and run over by the defendant’s laundry truck. The plaintiff had a verdict.

The exception to the denial of the defendant’s motion for *163a directed verdict requires us to examine the evidence in the light most favorable to the plaintiff and to decide whether the evidence was sufficient to make out a case for the jury.…