196 Mass. 138 | Mass. | 1907
1. The question of the defendant’s negligence properly was left to the jury. The defendant introduced no evidence except medical testimony. The plaintiff testified that he was seven years old at the time of the accident, which occurred on April 18, 1902, at a little after half past three in the afternoon; that, as he was standing in the middle of the street,el a piece of marble-like came down and struck me in the forehead ” (making a motion from above downward with his hand) ; that there was a man working on the wires on a pole, which was about twelve or fifteen feet away, and that it was the man on the pole who hit him; that there was a team near the pole on which was printed the name of the defendant; that he saw nobody working on the roofs in the vicinity and that there were no other children near by except two boys who were with him; that after going home and receiving some attention for his wound, he returned with his mother to the place of the accident, and pointed out the man, who was still working on the pole, to his mother; that the man came down the pole, followed them home, and came into the house; that he went out and soon after returned with another man, who took the name and address of the plaintiff and that of his mother. Parts of the boy’s testimony were somewhat shaken or modified by cross-examination, but the jury were warranted in giving weight to those portions most favorable to himself, if his appearance, in their opinion, justified it. Other evidence tended to show that the team, marked with the name of the defendant, was in substantially the same place in the morning and that there were no other men working in the vicinity ; that the pole in question was owned by the Boston Electric Light Company, but carried fourteen wires of the defendant, two of which were on the under side of an arm of the Electric Light Company. A sub-foreman of the defendant, who had been in its employ as a. lineman for many years, testified, without objection, that the defendant in 1902 was using a porcelain insulator which was white in color somewhat resembling marble, and that when wires were run on the under side of a cross-arm they were attached sometimes to porcelain insulators; that the linemen of the defendant had “ instructions from their foreman
2. The plaintiff’s mother testified that the man, who returned
Exceptions overruled.