Gunn v. Union R. Co.
| Court | Rhode Island Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | Gunn v. Union R. Co., 47 A. 888, 22 R.I. 321 (R.I. 1900) |
| Decision Date | 28 December 1900 |
| Parties | GUNN v. UNION R. CO. |
Action by Thomas Gunn against the Union Railroad Company. Judgment in favor of plaintiff, and defendant petitions for a new trial. Petition granted.
Charles E. Gorman, for plaintiff.
David S. Baker, for defendant.
The great preponderance of the evidence shows that the accident was occasioned by the plaintiff suddenly backing out towards the track, so that the car, which was proceeding at moderate speed, could not have been stopped in time to avoid him. There is no evidence that the motorman was guilty of any neglect of duty. While the presence of the coal wagon on the street imposed upon the motorman the duty to proceed with caution, w...
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1 cases
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Gunn v. Union R. Co.
...this division filed its opinion, granting the petition on the ground that the verdict was against the weight of the evidence. See 22 R. I. 321, 47 Atl. 888. On the same day, to wit, December 28, 1900, the plaintiff moved that this division dismiss the defendant's petition for a new trial, a......
