Purtell v. Jordan

Decision Date23 June 1892
Citation156 Mass. 573,31 N.E. 652
PartiesPURTELL v. JORDAN et al.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

Edgar O. Achorn and Linus M. Child, for plaintiff.

Joshua D. Ball and B.L.M. Tower, for defendants.

OPINION

KNOWLTON J.

There was evidence from which the jury might have found that the injury to the plaintiff was caused by the negligence of the defendants' servant in driving too fast, when, by reason of the gathering darkness, and the close proximity of the high loaded team, he was unable to see whether any one was on the crossing, about to pass immediately before him. The jury might also have found that the plaintiff was using such care as persons of ordinary prudence are accustomed to exercise under like circumstances. The court rightly refused to order a verdict for the defendants. The defendants requested the presiding justice to instruct the jury as follows: "That if the plaintiff, standing where he was on Harrison avenue, could not, before he attempted to cross the street, by reason of the position and movement of the large team, see vehicles coming down Harrison avenue and approaching Oak street, he was not in the exercise of due care in attempting to cross the street until such obstacle to his view was removed." "If, when the plaintiff started to cross Harrison avenue, he could not see defendants' team approaching by reason of the position of the large team, and attempted to cross so closely to the rear of the large team that he could not see defendants' team approaching until he got by the large team, he was not in the exercise of due care." It is urged in behalf of the defendants that it is always negligent for a pedestrian in the streets of Boston to attempt to cross behind a high loaded team until the team has passed so far as to enable him to see that no other team is coming from behind it on the other side. We cannot lay this down as a legal proposition. Wellington v. Bowser, 126 Mass. 391; Shapleigh v. Wyman, 134 Mass. 119. The circumstances of different cases so vary, and the natural and usual methods of crossing our crowded streets are so affected by facts and influences which are difficult of statement, and which are seldom found twice in the same combination, that there are few rules of law which can be arbitrarily laid down in reference to the effect of particular acts. When a pedestrian is run over by a team on a street, the question whether there...

To continue reading

Request your trial
15 cases
  • Pillet v. Ershick
    • United States
    • Florida Supreme Court
    • March 8, 1930
    ... ... 318; Evans v. Adams Express Co., 122Ind. 362, 23 ... N.E. 1039, 7 L. R. A. 678; Eaton v. Cripps & Bros., ... 94 Iowa, 176, 62 N.W. 687; Purtell v. Jordan, 156 ... Mass. 573, 31 N.E. 652 ... The ... rule applies with particular appropriateness to cities where ... the use of ... ...
  • Meenach v. Crawford
    • United States
    • Missouri Supreme Court
    • June 2, 1916
    ...128, loc. cit. 135, 164 S. W. 218, and cases cited; Aronson v. Ricker, 185 Mo. App. 528, loc. cit. 532, 172 S. W. 641; Purtell v. Jordan, 156 Mass. 573, 577, 31 N. E. 652; Raymond v. Hill, 168 Cal. 473, 143 Pac. 743; Minor v. Mapes, 102 Ark. 351, 144 S. W. 219, 39 L. R. A. (N. S.) 214; Fox ......
  • Baird v. Citizens' Railway Company
    • United States
    • Missouri Supreme Court
    • November 21, 1898
    ... ... authorities are superfluous to support the proposition ... Eichorn v. Railroad, 130 Mo. 575; Purtell v ... Jordan, 156 Mass. 573; Wallace v. Railroad, 37 ... P. 477; Graney v. Railroad, 140 Mo. 89. (2) ... Instruction number 1 for plaintiff ... ...
  • Standard Oil Co. of New York v. Johnson, 1714.
    • United States
    • U.S. Court of Appeals — First Circuit
    • May 15, 1924
    ...v. Taylor, 189 Mass. 583, 584, 76 N.E. 224, 3 L.R. (N.S.) 345, 4 Ann.Cas. 396, are applicable to this case. Compare Purtell v. Jordan, 156 Mass. 573, 31 N.E. 652; Scannell v. Boston Elevated, 176 Mass. 170, 173, N.E. 341, and cases cited. The decisions do not leave us at liberty to adopt th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT