Whitehouse v. Single

At the close of the plaintiff’s case the learned Municipal Court justice dismissed the plaintiff’s complaint upon the ground that the evidence established contributory negligence as a matter of law. We think that was error.

Under the facts disclosed by the plaintiff’s evidence, a question of fact was presented both as to the defendant’s negligence and the plaintiff’s contributory negligence. The plaintiff was the driver of a truck. He had called at the defendant’s place of business on previous occasions for packages, which had been brought down from the upper floors of the building on the…