213 Mass. 454 | Mass. | 1913
The jury upon conflicting evidence would have been warranted in finding that at the time of the accident the plaintiff, a boy some ten years of age, while a traveller in the street in which were the double tracks of the defendant’s railway, had occasion to pass from one side to the other. Before leaving the curb he looked across, and, seeing only an inbound car which had stopped at the cross walk, started over the cross walk, following travellers who preceded him. Upon passing the stationary car he reached the outward track where he was struck and injured by an outbound car, the motorman of which gave no warning of its approach.
The degree of care called for was that of the ordinarily prudent boy of his age. Berdos v. Tremont & Suffolk Mills, 209 Mass. 489, 494. Angelary v. Springfield Street Railway, 213 Mass. 110, and cases cited. And it has been decided that under substantially similar circumstances this question is for the jury. McDermott v. Boston Elevated Railway, 184 Mass. 126. Sullivan v. Boston Elevated Railway, 192 Mass. 37, 40. Burns v. Worcester Consolidated Street Railway, 193 Mass. 63. Purcell v. Boston Elevated Railway, 211 Mass. 79.
The question of the defendant’s negligence also was rightly submitted to them. It must have been apparent to the motorman, that the inward car had stopped, and he knew, of course, that his car must pass over the crossing. In the concurrent use of the street the defendant was bound to take proper precautions to avoid injury to travellers, and a view of the oncoming car by those approaching from the direction of the inward
Exceptions overruled.