306 Mass. 24 | Mass. | 1940
The plaintiff, a school girl nearly eight years of age, left an automobile bus by its right hand door when it stopped on High Street, Waltham, at about six o’clock on the afternoon of December 12, 1938. She looked in both directions along the highway and then ran in front of the bus, and about two feet from it, on her way across this thirty-five foot street, not seeing, until just before she was struck, the defendant’s automobile, which was approaching at the speed of five miles an hour in the same direction as the bus and from three to six feet to the left of it. She had stopped running before she was struck by the right hand front headlight of the defendant’s automobile, which stopped with its rear about even with the front of the bus.
The mere happening of the accident was not evidence that any negligence of the defendant had a causal relation to its occurrence. Liability rests solely upon negligence and the
The Appellate Division rightly ordered the finding for the plaintiff vacated and judgment for the defendant entered. That order must be affirmed.
So ordered.