171 Mass. 302 | Mass. | 1898
This is an action for personal injuries caused by running into a train at a crossing. The judge directed a verdict for the defendant, and the case is-here on exceptions. The plaintiff told his own story very fairly. He was nearly thirteen at the time. He was riding a bicycle along a street in Hull, called Y Street, toward the seashore, and was looking straight ahead, watching for a steamer which he wanted to see. The street ran to an electric railroad and continued on the other side of it, but the crossing was private and so marked, although planked by the railroad company. The plaintiff knew of the railroad and that trains ran upon it. He paid no attention, did not look out for the cars, but rode across the first track and on the second was struck and hurt. He says that he could have stopped almost as quickly as if he had been on foot if he had looked up the track and had seen the train. He does not pretend that he was relying upon receiving warning of an approaching train, and it is not necessary to consider whether there is any evidence that the train did not give whatever warn
Exceptions overruled.
