Levesque v. American Railway Express Co.

The plaintiff was injured while on the main passenger platform of the Boston and Albany Railroad Company, at Pittsfield, by a cylinder, five feet in length and weighing about one hundred fifty pounds, which fell from a truck of the defendant as it was being moved along the platform by its servants or agents. At the close of the evidence the judge directed a verdict for the defendant. The only question raised is, whether the case should have been submitted to the jury on the second count, which alleges that the plaintiff was an invitee and while in the exercise of dué care was injured by…