284 Mass. 73 | Mass. | 1933
The plaintiff, who was employed by the defendant as a taxicab driver, had finished his day’s work at about 6:30 on the evening of the accident, had left his taxicab in the defendant’s garage and had started homeward when he was struck by a taxicab of the defendant driven by another of its employees. Although there was evidence warranting a finding by the jury that the plaintiff was struck while on the premises of the defendant and inside the garage, there was other testimony which if believed would have warranted the finding that at the time
There was evidence from which the jury might have found that shortly before the collision the taxicab which hit the plaintiff had turned off the part of the highway commonly used by vehicles and on to that portion commonly used as a sidewalk, and was headed toward the entrance to the garage, and that the plaintiff used the means of exit commonly employed by the defendant’s drivers in leaving the building and had come upon the sidewalk where as a traveller he had the right to be. It was daylight and there was nothing to obstruct the view of the driver of the taxicab as he came along the street, made the turn and was crossing the sidewalk. An inference that the taxicab was driven at a considerable rate of speed might be drawn from the testimony that the plaintiff’s body was thrown or rolled from the sidewalk to a point twelve or fifteen feet inside the garage upon the ramp used by entering vehicles which led upward to the second floor
Although the question is close we do not think it could properly have been ruled as matter of law that the defendant had sustained the burden of proving that the plaintiff was guilty of contributory negligence. He had, it is true, the knowledge that the particular portion of the sidewalk opposite the entrance to the garage was used by taxicabs in entering the building but there is no evidence as to the extent of such use at that or at any other time of day. Having left the garage he was proceeding in a diagonal direction toward a trolley pole located somewhat to his left as he came out of the building. It was admitted that before making the turn the taxicab had been proceeding in the street from the plaintiff’s right. The plaintiff testified that upon leaving the garage and again when he got down to the street he stopped and looked both ways, that he could see to his left and diagonally to his right, that he could see across the street, but saw no automobile. The plaintiff as it might have been found was almost across that area of the sidewalk which was directly in front of the entrance when he was struck by the right hand front mudguard and bumper of the taxicab. On cross-examination he testified that he could see quite a distance around him when he looked and finally he definitely estimated the distance that he could see around him as ten feet. The quantity of care a person is required to use for his own safety is that which is proportionate to the dangers which reasonably are to be anticipated. A pedestrian walking on a sidewalk, even if he be at a place also at times used rightfully by vehicles, reasonably may anticipate less frequent and serious dangers than if he were walking in that portion of the highway where vehicles regularly go. The plaintiff was where he had a right to be and had the right to rely to some extent on the belief that the driver of any taxicab of the defendant which
Exceptions overruled. '