McCrohan v. Davison
| Decision Date | 03 March 1905 |
| Citation | 73 N.E. 553,187 Mass. 466 |
| Parties | McCROHAN v. DAVISON. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Arthur
H. Russell and Richd. Sullivan, for plaintiff.
Dickson & Knowles and Wm. B. Sprout, for defendant.
This is a suit brought to recover damages for being struck on a street by the defendant's sleigh, in which the defendant was driving. The plaintiff and the defendant were the only witnesses who saw the accident, and their accounts of it were conflicting. According to the testimony of the plaintiff, he was crossing a street at its junction with another street, on an icy morning in winter, and saw a horse and sleigh coming at a distance, the street being otherwise unoccupied. Thinking that he had plenty of time to cross before the horse would reach him, he walked on in the usual way, and when he was within about a foot of the curbstone on the opposite corner he was struck by the sleigh, and thrown down and injured. The defendant testified that the plaintiff slipped and fell when he was a short distance away from the horse and sleigh, and that no part of the horse or vehicle at any time came in contact with him. The question raised is whether, upon the plaintiff's testimony, there was evidence that he was in the exercise of due care. This question must be answered in the affirmative. According to the testimony of both the witnesses, the accident happened in the daytime, in a street where there was ample space, of which at that time, the defendant with his horse and sleigh and coachman and the plaintiff were the only occupants. The plaintiff was 72 years of age, and, seeing the sleigh in the distance, he thought he could pass in safety before it would reach the crossing. He says he walked on as usual. The defendant was about to go around the corner towards which the plaintiff was walking, and there was plenty of room to drive in such a way as not to strike him. The plaintiff had no reason to expect that a driver of a sleigh would drive against him just as he was about to step from the gutter to the curbstone when the whole of the street about him was open for travel. He had every reason to believe that he would be seen, and left in safety. In fact, he was seen, as the defendant testified, when the sleigh was 300 feet away. It cannot be said as a matter of law that he was negligent in not watching the sleigh while it was approaching.
The defendant...
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