215 Mass. 538 | Mass. | 1913
The plaintiff, a boy of ten years of age (twelve at the time of the trial), was riding on his bicycle down Otis Street
We also think that there was evidence of negligence on the part of the motorman. The corner was or could be found to be a dangerous place. And it was for the jury to say whether the motorman exercised that degree of care which he ought to have exercised in approaching it and in attempting to avoid a collision. He testified that as he got near the corner he “could look across there,” and that “there was nothing to obstruct . . . [his] . . . view for about sixty or seventy yards, and there wasn’t anything in sight so . . . [he] didn’t ring the" bell or blow the whistle, or nothing, but kept on going around the curve.” The jury may have thought, and if they did we cannot say that they were wrong, that if he had exercised proper care he would have seen the plaintiff and been able to avoid the accident. They also may have thought that the increase of speed, which was in effect admitted by the motorman, was not due, as he said, to the exigency which arose but to a careless running of the car. The jury were not bound to accept his explanation of it, and they may have thought that if he had run the car more slowly or had stopped it, or if the plaintiff had been put on his guard by the blowing of the whistle or the ringing of the bell, the accident might have been prevented.
What was said by the plaintiff’s mother to him about riding down the street was “quite a while before,” as the witness testified, and may well have been excluded because deemed by the presiding judge
It follows from what we have said that the rulings requested were rightly refused.
Exceptions overruled.
The case was submitted on briefs.
Sanderson, J. He refused to order a verdict for the defendant, and the jury found for the plaintiff. The defendant alleged exceptions.