Rivkin v. Monsanto Co.

1. It could not properly have been ruled that the plaintiff was guilty of contributory negligence as matter of law. He was undoubtedly aware of the dangers of sulphuric acid, but there was no evidence from which the jury could have inferred that the plaintiff knew or should have known that the polyethylene bottle would split open when carried or handled in the manner described in the evidence. See Lindgren v. Marraffa, 350 Mass. 376, 379 (1966); Halley v. Hugh Nawn, Inc., 356 Mass. 28, 30 (1969); Goldstein v. Gontarz, 364 Mass. 800, 804 (1974); Schaeffer v. General Motors Corp., 372 Mass.…