Riley v. Tsagarakis

• Decision Date: 06 March 1929
• Docket Number: No. 6635.,6635.
• Citation: 145 A. 12
• Parties: RILEY v. TSAGARAKIS et al.
• Court: Rhode Island Supreme Court

145 A. 12

RILEY

v. TSAGARAKIS et al.

No. 6635.

Supreme Court of Rhode Island.

March 6, 1929.

Exceptions from Superior Court, Providence and Bristol Counties; Edward W. Blodgett, Judge.

Action of trespass on the case by Catherine Riley against Constantine Tsagarakis and others to recover for the death of Terrence Riley. Verdict was directed for defendants, and plaintiff brings exceptions. One of exceptions sustained, other exception overruled, and case remitted for new trial.

Patrick P. Curran, Hoyt W. Lark, and Curran, Hart, Gainer & Carr, all of Providence, for plaintiff.

Greenough, Lyman & Cross and Richard E. Lyman, all of Providence, for defendants.

RATHBUN, J. This action of trespass on the case for negligence was brought by the widow of Terrenee Riley to recover for his death, which was caused by the defendants' Ford truck. The trial justice directed a verdict for the defendants, and the case is before us on plaintiff's exception to such direction and on her exception to the exclusion of testimony.

The accident occurred on Broad street in the city of Cranston, a short distance north of the intersection of said street with Wentworth avenue. Broad street at this place runs approximately north and south. The deceased was working at the time as a trackman for the United Electric Railways Company. The width between the curb lines of Broad street is 44.5 feet. On said street said company maintained double tracks, and repairs were being made on the easterly rail. Beginning at a point about 5 feet south of the northerly curb line of Wentworth avenue and extending north 31 feet, an excavation 15 inches wide was made along the easterly side of said easterly rail. Another excavation of shorter length, but of the same width, along the same side of said rail commenced about 27 feet north of the northerly end of the excavation first described. Opposite to each excavation a pile of dirt extended easterly 3 or 4 feet. The two piles of dirt were about 40 or 50 feet apart. For the purpose of protecting the traffic, and perhaps also the workmen, three yellow flags 3 ft.x3 ft. were placed along the line of excavation. One was placed 5 or 10 feet south of the first excavation, another about the same distance north of the second excavation, and third midway between the two. Opposite the first pile of dirt a truck about 7 feet wide was parked with the left wheels close to the easterly curb. The distance between the easterly rail and the easterly curb was 24.25 feet. Between the truck and the southerly pile of dirt was a space of about 11.75 feet, through which traffic passed. Along the easterly rail several workmen were engaged in filling the excavations. Shortly before the accident the deceased approached the foreman, who was standing by the side of the southerly pile of dirt, and asked for orders. He was directed by the foreman to place on the truck, which was parked at the easterly curb, certain tools which were on the sidewalk near the rear of said truck. After receiving instructions from the foreman, the deceased started to walk across the street in a diagonal course towards the rear of said truck. The distance from his starting point to the place where he fell was estimated by one witness, who saw deceased start to cross the street, to be 25 or 28 feet. Soon after deceased started to cross the street the defendants' truck passed through the narrow space between the pile of dirt and the parked truck, and apparently struck the deceased, knocking him to the street. The other workmen on hearing a crash looked and saw him lying face downwards in the street 4 or 5 feet in the rear of the parked truck. His feet extended 2 or 3 feet to the west of the right-hand rear corner of said truck. His skull was fractured between the bridge of the nose and the hair line. The back of his head was cut, and the skull at this point may have been fractured. The flesh was cut on the back portion of his left forearm, and the left radius—one of the bones in the forearm—was fractured. As a result of these injuries, he died within a few hours.

The defendants' truck was equipped with a platform body with stakes and sideboards. The truck was not damaged, but on the right-hand corner of the body, which extends slightly beyond the cab, were found blood stains, short spears of hair, and bits of flesh. The defendants' truck, which was 5 feet 5.8 inches in width, passed within 1 foot of the parked truck. There was evidence that, without any signal being given, the defendants' truck passed through the narrow space between the pile of dirt and the parked truck at a speed of 25 miles per hour. The defendants' driver testified that his speed in passing the parked truck was not more than 8 or 10 miles per hour, and that he sounded the horn at Wentworth avenue and again before...