Lynch v. Boston Elevated Ry. Co.

• Decision Date: 17 May 1916
• Citation: Lynch v. Boston Elevated Ry. Co., 224 Mass. 93, 112 N.E. 488 (Mass. 1916)
• Parties: LYNCH v. BOSTON ELEVATED RY. CO.
• Court: Supreme Judicial Court of Massachusetts

224 Mass. 93

112 N.E. 488

LYNCH

v.BOSTON ELEVATED RY. CO.

Supreme Judicial Court of Massachusetts, Suffolk.

May 17, 1916.

Exceptions from Superior Court, Suffolk County; Frederick Lawton, Judge.

Action by William M. Lynch against the Boston Elevated Railway Company. Verdict directed for defendant, and plaintiff excepts. Exceptions overruled.

Article 3, § 1, of the Street Traffic Regulations was as follows:

‘Police, fire department, emergency repair wagons, * * * shall have the right of way in any street, and through any procession.’

Cronin & Cronin, Jos. P. Walsh, and Wm. J. McCarty, all of Boston, for plaintiff.

E. P. Saltonstall and R. S. Pattee, both of Boston, for defendant.

DE COURCY, J.

The plaintiff was injured in a collision between an automobile ladder truck of the Boston fire department and an electric car of the defendant, at the junction of P street and Third street in South Boston. These streets cross each other at right angles. In P street (which runs north and south) there is a double line of car tracks. The first rail of the north-bound track is eight feet six inches from the easterly curbstone, and ten feet eleven inches from the crosswalk of Third Street.

The ladder truck was about thirty-six feet long, and weighed four and a half tons. An agent of the manufacturer was instructingthe men how to handle it, and, at the time of the accident, was standing on the right hand running board. Two members of the fire department were standing on the left running board. The plaintiff, Captain Lynch, was in charge of the truck, and was seated on the front seat; and at his right was sitting the driver Callahan, who was at the wheel.

The truck proceeded westerly along the right hand side of Third street at a speed of from ten to fifteen miles an hour. The building at the southeast corner of Third and P streets extended to the line of the sidewalk, and, until he approached said crosswalk, would obstruct the plaintiff's view to the left, of any approaching north-bound car on P street. Presumably he could not hear the noise made by a moving car, because the large brass fire bell was being rung continuously. An electric car was liable to approach Third street on the nearer track at any time; and the length of the truck would make it difficult to avoid a collision either by turning into P street or by crossing the track in front of such car. The situation was peculiarly one where reasonable care for their safety called upon the plaintiff and the driver to look to the left along P street for an approaching car at the earliest opportunity, and to slow down the truck or otherwise have it under control for a quick stop. There...