Massachusetts Supreme Judicial Court June 17, 1908 (Flansberg v. Heywood Bros.)

Hammond, J.

The verdict for the plaintiff which was given at a former trial of this case was set aside upon the ground that the plaintiff had not shown that he was in the exercise of due care. 190 Mass. 125. At the second trial the judge ruled that the plaintiff was not entitled to recover, and ordered a verdict for the defendant; and the case is before us upon the plaintiff’s exceptions.