234 Mass. 73 | Mass. | 1919
This is an action brought by an administratrix to recover damages to her intestate and to his estate, which resulted from his being run into by an automobile driven by the defendant while the intestate was passing over Water Street in Springfield, northerly and in a diagonal direction, from a point about sixty-six feet north of William Street. The jury found for the plaintiff.
The exceptions of the defendant are to the refusal of the pre-. siding judge to order a verdict for the defendant, and to his refusal to order a mistrial by reason of an answer of a witness which in substance informed the jury that the defendant was insured or would be indemnified by an insurance company.
There was evidence tending to show that the driver of the automobile was negligent. Between the curbings the used roadway of Water Street is twenty-nine and a half feet. There was a large electric arc light lighted at William Street, and another one hundred and seventy-seven and fifty-eight one hundredths feet
The jury could have found that the plaintiff’s intestate was in the exercise of due care. There was evidence that he looked north and south before “he started across and just as he got off the curbing. ” He walked slowly in a northerly direction. There were ¡ no vehicles in the street when he left the curbing and there was ¡ adequate room for the passage of the automobile on either sidej of him at the time of the collision. In these circumstances he was not bound to-anticipate an automobile or other vehicle would run him down unless he should exercise special care, and he had a right to assume the due care toward him of other travellers. The case in every respect is governed by Donovan v. Bernhard, 208 Mass. 181, Keaveny v. Moran, 208 Mass. 277, and Lynch v. Fisk Rubber Co. 209 Mass. 16.
The refusal to order a mistrial is not reversible error. The presiding judge, immediately following the defendant’s objection to the answer of the witness, instructed the jury as follows: “The jury will disregard entirely the last statement of the witness. You will not consider that.” And in this regard in the charge instructed the jury: “I am reminded, gentlemen, that during the trial there cropped out, in the statement of the physician who testified here, when he was asked by counsel for the plaintiff whom he expected was going to pay the one hundred and fifty dollars, which he said was charged upon the notes, that he said probably the insurance company. I told you, gentlemen, to dis
Exceptions overruled.
