193 Mich. 530 | Mich. | 1916
On the 12th day of June, 1913, plaintiff was hit by a street car on Dix avenue, in the city of Detroit, and severely injured. At the trial a verdict was directed for defendant upon the ground that plaintiff was guilty of contributory negligence.
In determining whether a plaintiff’s proofs show a prima facie cause of action, it is always necessary that they be construed as strongly in his favor as is reasonably possible. Putnam v. Railway, 164 Mich. 342 (129 N. W. 860). So construed, the particular facts of the injury were as follows: Plaintiff, with a friend named Hayes, was standing on the north sidewalk of Dix avenue, nearly north of the west end of the Springwells car; and, wishing to go in the direction that car would take, they started across the street
We cannot agree with the trial court in that conclusion. If the car had been moving when plaintiff looked at it as he was leaving the sidewalk, the situation would have been different; or, if there had been any indication that it was about to be backed, he should have been upon his guard. But he is not to be charged with the duty of assuming that the car might be backed in violation of the ordinance. Defendant calls atten
. The judgment is reversed, with costs, and a new trial ordered.