167 Mass. 199 | Mass. | 1896
In this ease the evidence of negligence on the part of the defendant’s driver is inconsiderable, and the
The plaintiff testified that she was going westward along the southerly side of Harvard Street in the usual way, looking before her, and that when she got a little more than half way across Hudson Street she was struck and thrown down on the crossing, and when she recovered her consciousness she was under the feet of the horse on the right hand side, — that is, on the westerly side of the pole. There was evidence tending to show that she was mistaken in regard to the place where she found herself in her account of the collision ; but whether she was or was not was a question of fact for the jury. If they believed her testimony,it indicated that she had passed beyond the centre of the line of travel of the team before the collision, and that the horse at the right of the driver ran against her. It has repeatedly been held that the mere failure of a pedestrian to look and listen for approaching teams, as he passes over a crosswalk at the junction of two streets, is not necessarily such negligence as will prevent recovery if he is run over by a passing team. Shapleigh v. Wyman, 134 Mass. 118. Purtell v. Jordan, 156 Mass. 573, 577. Benjamin v. Holyoke Street Railway, 160 Mass. 3.
We are of opinion that in the present case there was evidence proper for the consideration of the jury in support of the proposition that the plaintiff was in the exercise of due care.
Exceptions overruled.