160 Mass. 239 | Mass. | 1893
We think that the instructions given were correct, and that those requested by the plaintiff, to the refusal to give which he excepted, were rightly refused.
The instructions requested by the plaintiff were as follows :
“ 1. The plaintiff was where he had a right to be, and even if he were not it was the duty of the defendant to use all means in his power to avoid running into him. 2. Even if the plaintiff were in a place where he had no right to be, and he made his best endeavors to extricate himself, he can recover. 3. Even if the plaintiff were in a place on the road where he had no right to be, that would be no excuse for defendant to rush upon him and injure him.”