Olchefsky v. Mercier, Bryant, Larkins Brick Co.

(after stating the facts). 1. Defendant’s claim that the boilers and furnaces were installed according to approved methods and operated in accordance with the common practice has support in the testimony of qualified witnesses called by it. But this testimony is not undisputed. Plaintiff’s testimony tends to support plaintiff’s claim that proper methods were not used in its operation, and that it was not of proper construction. Of course, on this issue the burden was on plaintiff, but upon a motion to direct a verdict for defendant the testimony and its legitimate inferences most favorable to…