247 Mass. 124 | Mass. | 1923
This is an action to recover property damages arising from a collision on a public way between a hack and
As was said in Wing v. London General Omnibus Co. [1909] 2 K. B. 652, 663, 664, “ the mere occurrence of such an accident is not in itself evidence of negligence. Without attempting to lay down any exhaustive classification of the cases in which the principle of res ipso loquitur applies, it may generally be said that the principle only applies when the direct cause of the accident, and so much of the surrounding circumstances as was essential to its occurrence, were within the sole control and management of the defendants, or their servants, so that it is not unfair to attribute to them a prima facie responsibility for what happened. An accident in the case of traffic on a highway is in marked contrast to
It was for the jury to say under appropriate instructions whether the plaintiffs had sustained the burden of proof resting upon them. The case was left to the jury under full and apt instructions covering all issues.
Evidence as to the length of time during which the motorman had been in the employ of the defendant was excluded rightly. Lang v. Boston Elevated Railway, 211 Mass. 492.
Exceptions overruled.