209 Mass. 467 | Mass. | 1911
The plaintiff’s testimony was that, while a passenger inside a car of the defendant and approaching his destination, he looked forward, but his view was “ troubled ” by the vestibule so that he could not determine as to the approach of a car. He then got off the car, and, to quote the exceptions, “ faced forward just after he stepped off the car about a foot or so from the edge of the step and looked forward . . . and was unable to see any car from that direction because the car from which he had alighted obstructed the view and he heard no car. He turned around and passed behind the car and just as he arrived at the left hand rear corner of the car he gave a glance up the track some thirty or forty feet and did not see any car and heard none, though he knew that cars were accustomed to run from the direction in which he looked. Mr. Johnson was about four feet ahead of him, and Mr. Johnson did not show any signs of an approaching car. . . . He assumed then it was safe for him to cross and he did so. He did not look anymore after passing the corner of the car.” As he was in the middle of the tracks he was struck by an on-coming car and injured. There was evidence tending to show that the speed of the moving car was twenty-five miles per hour, which did not slacken until after the accident, and that no gong was sounded.
This is not a case where a pedestrian crossing a street close behind a stationary car emerges upon a parallel track without taking any heed to see whether another car may be coming. The plaintiff had looked before, both while in the car and on alighting, under conditions which as .the event proved did not give him much if any information, but he testified that on reaching the corner of the car he had left he looked up the track thirty
A speed of twenty-five miles an hour while passing a car standing at a regular stopping place for the discharge of passengers without diminution of speed or giving any warning of approach might have been found to be negligent on the part of
Exceptions sustained.