Massachusetts Supreme Judicial Court May 7, 1887 (White v. Boston & Albany Railroad)

W. Allen, J.

If the shade was defective and unsafe, the question whether it was in that condition through the negligence of the defendant would be for the jury; and the fact that it broke and fell from the use for which it was intended would be evidence that it was defective and unsafe, and, if not explained *406or controlled, would be sufficient evidence to authorize the jury to find that the