Margeson v. Town Taxi, Inc.
| Decision Date | 06 February 1929 |
| Citation | 165 N.E. 20,266 Mass. 192 |
| Parties | MARGESON v. TOWN TAXI, Inc. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Superior Court, Suffolk County; Joseph Walsh, Judge.
Action by Ella L. Margeson against the Town Taxi, Incorporated. Verdict for plaintiff, and defendant brings exceptions. Exceptions overruled.
J. J. O'Hare, of Boston, for plaintiff.
T. F. Quinn, of Boston, for defendant.
This is an action of tort to recover for personal injuries received by the plaintiff as the result of being struck by a taxicab, owned by the defendant and operated by its agent in the course of its business. The accident occurred about 12:30 p. m. at or near the intersection of Boylston and Tremont streets in Boston. The jury found for the plaintiff, and the only exception argued is to the refusal of the judge to direct a verdict for the defendant.
The plaintiff testified in substance as follows: She stopped at the corner of Tremont and Boylston streets near the Hotel Touraine for a few minutes to see if the way was clear, and when she found everything clear and still she started to go across on the crosswalk. Automobiles were not moving as she crossed. There were other people crossing from the Touraine side towards the drug store just ahead of and close to her. She saw a taxicab standing in front of the drug store on the corner to which she was going, and as she got near the sidewalk and was about to step upon it the taxicab was started and hit her. She thought she was two or three feet in front of it when she saw it standing still. She knew at the time she testified that there was a tower for the control of traffic at the corner but did not know whether it was there at the time of the accident and did not remember seeing it. She knew a red light is a signal meaning dangerous to cross, but did not know that a green light is for automobiles to go. She knew when pedestrians cross there are two lights, one red and the other yellow. She did not notice the light in the tower at all, and saw no traffic officer until she was under the taxicab, when he came up. She saw the taxicab standing still as she was going across, paid attention to it, keeping it under observation all the time. She did not see it start or move around the corner. She saw no vehicles move before the accident or while she was crossing the street. She heard no bells from the tower before starting across and heard no signal of any kind and thought she would have heard one if it was sounded.
The testimony offered by the defendant tended to prove that a traffic tower was at the intersection of the streets, at the time in control of an officer, with a bell that rings when lights are changed, and at the time of the accident motor vehicle traffic was moving under the officer's direction. The taxicab involved in the accident was moving in the line of traffic, and at the time of the accident, because of the lights, under traffic regulations it was improper for pedestrians to...
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