Hine v. Aird-Don Co.

A nonsuit in each action has been granted at the close of the plaintiff’s case. The plaintiff is entitled to the most favorable inferences that may be drawn from the testimony. The proof shows, or so the jury might have found, that the unassembled parts of a new furnace, consisting of a base weighing 125 pounds, a fire pot weighing about 350 pounds, three boiler sections weighing about 125 pounds each and a box, were piled on the sidewalk in a residential section of the city of Albany and left there by the *360defendant’s truckmen on the morning of January 2, 1930, at a time when children were…