Flansberg v. Heywood Bros.

The verdict for the plaintiff which was given at a former trial of this case was set aside upon the ground that the plaintiff had not shown that he was in the exercise of due care. 190 Mass. 125. At the second trial the judge ruled that the plaintiff was not entitled to recover, and ordered a verdict for the defendant; and the case is before us upon the plaintiff’s exceptions.

It is argued by the plaintiff that the evidence at this second trial differs from that given at the first and is more favorable to him, and that he was entitled therefore to go to the jury. We have carefully collated the…