Robbins v. Springfield St. R. Co.
Decision Date | 30 November 1895 |
Citation | 42 N.E. 334,165 Mass. 30 |
Parties | ROBBINS v. SPRINGFIELD ST. RY. CO |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
The evidence showed that plaintiff, who was a man 79 years of age, had lost the sight of his left eye, and that his hearing was to some extent impaired; that, just prior to the accident, plaintiff was traveling down the righthand side of a street, with a horse and wagon; and that, in attempting to cross to the lefthand side, it became necessary to cross defendant's street-railway track; and that, while so crossing, an electric car of defendant, traveling in the same direction, struck plaintiff's wagon, throwing plaintiff therefrom, seriously injuring him.
The following are the instructions asked by defendant, and refused:
The jury were instructed, inter alia; that "it cannot be said, as a matter of law, that a man who is deaf and blind has not a right to travel unattended on a street in the city."
J.B Carroll and W.H. McClintock, for plaintiff.
William H. Brooks, for defendant
The questions of due care of the plaintiff, and of the negligence of the defendant's servants, we think, were for the jury on the evidence which appears in the exceptions. The first request for instruction was therefore properly refused. Ellis v. Railroad Co., 160 Mass. 341, 35 N.E. 1127; Driscoll v. Railway Co., 159 Mass. 142, 34 N.E. 171 .
The second request ought not to have been given in the form in which it was offered, and the instructions upon this part of the case were correct. Neff v. Wellesley, 148 Mass. 487, 20 N.E. 111.
The third request could not properly have been given as an absolute rule of law. The decisions of this court show that a distinction has been taken with respect to the duty to look and listen when crossing the tracks of a steam railroad where a railroad train has the...
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Robbins v. Springfield St. Ry. Co.
...165 Mass. 3042 N.E. 334ROBBINSv.SPRINGFIELD ST. RY. COSupreme Judicial Court of Massachusetts, Hampden.Nov. 30, Exceptions from superior court, Hampden county; Justin Dewey, Judge. Action of tort by Brinton P. Robbins against the Springfield Street-Railway Company to recover for personal in......