320 Mass. 706 | Mass. | 1947
After the jury had returned a verdict for the plaintiff, the judge, under leave reserved, entered a verdict for the defendant, subject to the plaintiff’s exception, and the correctness of this action is the only question for decision.
The jury could have found these facts: The accident happened on Middle Street, New Bedford, near the intersection of Purchase Street, shortly after noon on a clear day. Middle Street, which is twenty-four feet wide from curb to curb, runs east and west, and intersects Purchase Street at a right angle. Purchase Street runs north and south. The intersection formed by the junction of the two streets was described as “busy.” Shortly prior to the accident the plaintiff, a woman seventy-one years of age, was walking south on Purchase Street. When she arrived at the intersection, she turned to the west and proceeded along the north sidewalk of Middle Street for a distance of ten or twelve feet, and then stopped on the edge of the sidewalk. She looked east and west, and, seeing no traffic coming from either direction, started “to walk straight across” to the south side of Middle Street. When she was half way across, the defendant’s bus, which was going in a westerly direction, “‘slid’ . . . between her and the southerly side of Middle Street.” She turned to the right to avoid it but “ ‘ about the middle of the bus’ struck her left shoulder and knocked her to the ground.” When the bus came to a stop “the rear tire on the right hand side came to rest on her right foot.”
The bus which struck the plaintiff was owned by the defendant and operated by one of its employees; it was slightly over thirty feet long and was eight feet wide. Prior to the accident the bus had been proceeding south on Purchase Street. Upon arriving at the intersection of Purchase and Middle streets, the operator brought the bus to a stop and
The judge erred in entering a verdict for the defendant.
It could not be said as matter of law that the operator of the bus was not negligent. It could have been found that his failure to observe the plaintiff in time to avoid striking her was attributable to his not looking toward the side of the street from which she was coming. It is true that there was other evidence to the effect that it would be impossible to see one crossing Middle Street after the front end of the bus had passed by him. The jury, however, were not required to believe this and, even if they did, it was open to them to find that the operator ought to have seen the plaintiff before the bus arrived at that position. It is to be noted
It cannot be said that the plaintiff was guilty of contributory negligence as matter of law. She had a right to expect that the operator would see her and that he would exercise a reasonable degree of care for her safety. This aspect of the case is governed by the recent case of Buckman v. McCarthy Freight System, ante, 551. Nor can it be said that the plaintiff, in view of her defective vision, was necessarily negligent in attempting to cross the street in the manner disclosed by the evidence. Neff v. Wellesley, 148 Mass. 487, 495. See Keith v. Worcester & Blackstone Valley Street Railway, 196 Mass. 478, 482; O’Connor v. Hickey, 260 Mass. 110, 115.
The exceptions are sustained, and judgment is to be entered on the verdict returned by the jury.
So ordered.
When this signal was given “the bus . . . was travelling not more than three or four miles an hour.