202 Mass. 66 | Mass. | 1909
The facts in this case lie within a narrow compass. The evidence comes almost wholly from the plaintiff. The other evidence was to the effect that there was no slackening of the speed as the car approached the place of the accident, thpt the motorman did not ring the bell or apply the brakes, and that the car was going at a minimum rate of eighteen to twenty miles an hour. The accident occurred between eleven and twelve o’clock at night on January 27, 1906. There was no snow on the ground. The plaintiff had been working during the day and evening, and was on his way to his home on Alaska Street in Roxbury where he had lived for two years.
We think that the plaintiff was not in the exercise of due care. To step on to a track at eleven or twelve o’clock at night in front of a rapidly approaching car which was a good distance away when he first saw it as he went round the rear of the car that he got off of and which had approached so rapidly that-when he had passed over the few feet which separated the two tracks and had stepped on to the inward bound track it was only about sixty or seventy feet away, a little more than two car lengths as was said on the cross-examination, and then to pro
Exceptions overruled.