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J. & JAY, INC. v. E. PERRY IRON & METAL CO.

210 A.2d 462 (1965)

J. & JAY, INC. v. E. PERRY IRON & METAL CO., Inc.

Supreme Judicial Court of Maine.

June 8, 1965.

Attorney(s) appearing for the Case

Alan J. Levenson, Portland, for plaintiff.

Lawrence P. Mahoney, Richard D. Hewes, Portland, for defendant.

Before WILLIAMSON, C. J., and WEBER, TAPLEY, SULLIVAN, SIDDALL and MARDEN, JJ.

WILLIAMSON, Chief Justice.

This tort action is before us on appeal from the direction of a verdict for the defendant at the close of the plaintiff's case. The plaintiff charges that his truck was damaged through the negligent operation of a crane in unloading a heavy steel machine.

There are two controlling issues. First: Is res ipsa loquitur applicable? Second: If so, is res ipsa loquitur available to the plaintiff under the pretrial order?...

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