168 A. 879 | Conn. | 1933
The plaintiff brought this action to recover damages for the death of his decedent caused by being struck by a street car of the defendant, and from a judgment entered upon a verdict for the defendant the plaintiff has appealed. He claimed to have proved that his decedent was struck while he was waiting to board the car at or near a pole which marked a regular stopping place for cars upon that line. He complains of a portion of the charge in which the trial court instructed the jury that the plaintiff had not alleged that his decedent was a prospective passenger in the car and therefore could not rely upon any peculiar duties which a street railway company might owe to prospective passengers. In its charge the trial court stated that the duty of the operator of the car was to use reasonable care to avoid injury to the plaintiff's decedent in view of the circumstances of the case, and that if they found that the plaintiff's decedent was waiting to board the car at a regular stopping place they would be justified in concluding that the operator was required to use greater care than he might otherwise. Our law does not require the operator of a street railway car to exercise a higher standard of care than that which is reasonable in order to avoid injury to one in the claimed situation of *679
the plaintiff's decedent. Sacks v. Connecticut Co.,
There is no error.