225 Mass. 65 | Mass. | 1916
The plaintiff’s intestate having been too young to take care of himself and the injury having been received before the passage of St. 1914, c. 553, the plaintiff can recover only by showing the due care of the custodian. Casey v. Smith, 152 Mass. 294.
The record is barren of anything to indicate such care. The evidence is that the custodian, a brother twelve years old, went upon the tracks of the defendant with the deceased, without
Exceptions overruled.