175 Mass. 166 | Mass. | 1900
This is an action for personal injuries caused by a pail of sand falling upon the plaintiff’s head as she was walking upon a street and coming out from under a railroad bridge in the defendant’s possession. The court directed a verdict for the defendant, and the question is whether the plaintiff was entitled to go to the jury. The evidence clearly warranted a finding that the pail fell from the bridge, and the fact of its falling upon the plaintiff warranted a finding of negligence. Hogan v. Manhattan Railway, 149 N. Y. 23. See Kearney v. London, Brighton, & South Coast Railway, L. R. 6 Q. B. 759. But there was only inference to show who was responsible for the fall, and the question as narrowed is whether the jury would have been warranted in inferring that it was the defendant.
Exceptions sustained.