253 Mass. 603 | Mass. | 1925
This is an action to recover compensation for personal injuries sustained by a pedestrian upon a
The speed of the truck, its position on the street, and all the other evidence in its aspect most favorable to the plaintiff, required submitting to the jury the question of the negligence of the defendant. Pawloski v. Hess, ante, 478, and cases there collected. Emery v. Miller, 231 Mass. 243. G. L. c. 90, § 14. The mere happening of the accident was no evidence of negligence. Reardon v. Boston Elevated Railway, 247 Mass. 124. There was much more than that in the case at bar. The case is distinguishable from Rizzittelli v. Vestine, 246 Mass. 391, and similar decisions relied on by the defendant.
Exceptions overruled.