216 Mass. 180 | Mass. | 1913
The plaintiff was a passenger, and was injured by reason of a collision between the car in which he was riding and a hose wagon that was responding to a still alarm for a fire. The only question in controversy is whether there was evidence to warrant the jury in finding that the collision resulted from the motorman’s negligence. Admittedly it does not avail the defendant that negligence on the part of the driver of the hose wagon may have concurred in causing the plaintiff’s injury. Feneff v. Boston & Maine Railroad, 196 Mass. 575.
The collision occurred on Boston Street in the city of Lynn,. where its southerly line intersects the westerly line of Independence Square at substantially a right angle. On this corner was erected a three story building, known as the Quinn Block, which extended fifty-seven feet on the street and thirty-two feet on the square. There was evidence from which the jury could find that on a fair though windy Sunday afternoon in October, the hose wagon was driven at a high rate of speed along the westerly side of Independence Square toward Boston Street, with its loud bell ringing continuously; that as the car proceeded easterly along Boston Street the Quinn Block prevented the motorman from seeing into Independence Square until his car almost reached the corner; that he approached this dangerous corner at a speed of twelve: miles an hour, without sounding a warning gong; and that he
Exceptions overruled.
