J. & Jay, Inc. v. E. Perry Iron & Metal Co.

This tort action is before us on appeal from the direction of a verdict for the defendant at the close of the plaintiff’s case. The plaintiff charges that his truck was damaged through the negligent operation of a crane in unloading a heavy steel machine.

There are two controlling issues. First: Is res ipsa loquitur applicable? Second: If so, is res ipsa loquitur available to the plaintiff under the pretrial order?

Under the familiar rule we take the evidence including inferences reasonably to be drawn therefrom in the light most favorable to the appellant. MacLean v. Jack, 160 Me. 93, 100, 198…