Damboise v. Goodman

The motion for a directed verdict was properly denied. The testimony of the plaintiff was sufficient to prove the presence of a nail at the time and place of the accident protruding about an inch above the surface of the platform. The contention of the defendant that it was not shown to have been there long enough to give him a reasonable time to discover it must be overruled. The nail as observed by the plaintiff subsequent to the accident was rusty. A photograph of the nail taken about a month after the accident showed its position and condition. From this photograph the jury might properly…