Griffin v. City of Boston

When this case was last before us, it was upon a ruling of the judge of the Superior Court that, on the plaintiff’s evidence, he was not entitled to recover. We were of opinion that there was evidence for the jury. Griffin v. Boston, 182 Mass. 409. At the new trial the jury returned a verdict for the defendant, and the case comes before us on the plaintiff’s exceptions.

The plaintiff’s case rests upon his being a traveller on the highway on November 4, 1897, and being struck on the head by the handle of a truck on which a gravel heater rested, the handle being insecurely fastened in a vertical…