Colby v. Treisman Bros.

The plaintiff, a truckman, was accustomed to call regularly at the defendant’s place of business on Depot street, in Concord, for the purpose of collecting merchandise to be delivered to the defendant’s customers. He invariably entered from Depot street while his assistant drove the truck to a loading platform located in a passageway at the rear of the premises.

Packages left on this platform were loaded directly onto the truck, but those which were left on the shipping floor were first lowered to the level of the platform by a freight elevator. When this elevator was not on the shipping…