112 Mass. 79 | Mass. | 1873
The question is reserved whether the judge erred in refusing to instruct the jury that there was no evidence tending to show that the plaintiff was using due care at the time she received the injury, and is not entitled to recover. She was crossing Leverett Street, which was but twenty-eight feet wide, at the corner of Brighton Street, on her way to a bakery, and was within four feet of the curbstone when the defendant’s runaway horse, attached to a light wagon, ran against her with great speed and injured her. The judge instructed the jury that she was bound to exercise reasonable care, and sufficiently explained the meaning of the term reasonable. His instructions were not excepted to. The report does not state her situation, circumstances or conduct except that she was a witness, and testifie 1 that she
The question whether, as matter of law, it was due care on the part of the defendant to leave the horse where he was left unfastened, under the circumstances, which are stated at great length in the report, was a question of fact which was properly submitted to the jury, and it would have been improper to rule that, as matter of law, the defendant used due care.
Judgment on the verdict,