187 Mass. 248 | Mass. | 1905
In the first two actions the plaintiffs sue for damages for personal injuries. The third action is for damages
The burden was upon the plaintiffs to show that they wei’e in the exercise of due care. We think the evidence did not justify such a finding. To drive for three fourths of a mile in a wagon which enabled the driver to see only in front, the team being within three or four feet of a street railway track upon which a car might at any moment come up from behind the team, and then to turn suddenly across the track without looking or listening, and with nothing to give assurance that a car is not near, and with the team going so slowly that considerable time must be taken in crossing the tracks, is to act in disregard of a known danger. We think that in the present instance it was contributory negligence. See Saltman v. Boston Elevated Railway, ante, 243.
Exceptions overruled.