158 Mass. 305 | Mass. | 1893
When the collision between the plaintiff’s wagon and the defendant’s car occurred, both vehicles were in motion in opposite directions. The near hind wheel of the wagon was struck by the front dasher of the car. Both the wagon and the car were attempting to go around a corner from one street into another. There was a block of cars and wagons
On the other hand, there was evidence tending to show that, if the car had remained stationary, the wagon could not have gone on so as to get out of the way of the car, on account of another wagon between which and the car there was not room for the plaintiff’s wagon to pass. There was nothing unusual either in the plaintiff’s horse or wagon, or the car and its horses, and both drivers were men of experience, and both the car and the wagon were moving slowly. While we do not hold that, if the accident happened under these circumstances, the driver of the car must be necessarily found to have been negligent if a collision occurred while the plaintiff was driving forward in compliance with his request, we are of opinion that whether he was negligent in causing the collision should have been left to the jury. Both he and the plaintiff knew that the car was equipped with brakes which gave its driver the power to stop it suddenly, and that, in executing the manoeuvre which the car driver had suggested, the plaintiff would be unable to see how closely the two vehicles were approaching after he had moved forward but a part of the distance necessary to clear the car, while the car driver would be in a position to see the plaintiff’s wagon until it should be out of the way of the car. We see no evidence that makes it clear that the plaintiff was not in the exercise of ordinary care. It is evident that the circumstances under which the plaintiff and the car driver were both
Exceptions sustained.