[DOWNLOAD] "Mcguiggan v. Atkinson" by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Mcguiggan v. Atkinson
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 05, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
RUGG, C. J. The plaintiff, a man of good eyesight and hearing, seeks to recover compensation for personal injuries sustained by him while a pedestrian, just before eight o'clock on an April evening, by reason of being struck by an automobile driven by the defendant. It rightly is not argued by the defendant that there was no evidence of his negligence. The single question presented is whether the plaintiff is barred from recovery through his own want of due care of contributory negligence. O'Connor v. Hickey, 268 Mass. 454, 167 N.E. 746. The evidence on this point was that the plaintiff, having arrived at the southwesterly corner of the intersection of Morton Street and Blue Hill Avenue, where both streets are level and about eighty to ninety feet wide from curb to curb, stopped, looked both ways, and saw no automobile moving in either direction. He then started to cross Morton Street on the westerly side of Blue Hill Avenue, continuing to look in both directions along Morton Street, his view being unobstructed for several hundred yards in each direction. He looked ahead and to each side several times, and when about twenty-five or thirty feet from the curb at the northwesterly corner of the streets was struck by the defendant's automobile. He did not know what part of the automobile struck him or where it came from, and if he had seen it he could have got out of its way. He testified that he did not see the defendant's automobile until it 'loomed up and struck' him; that he heard no warning or signal of the approach of the automobile, and there was no evidence that any such warning or signal was given. The scene of the accident was a well lighted business street, although the night was misty and rainy. A police officer testified that he first noticed the plaintiff on the sidewalk at the southwesterly corner of the streets; that he watched him cross Morton Street; that when he had passed over about sixty feet of the distance the automobile traffic started from the opposite side of Blue Hill Avenue, the defendant's automobile being the first in traffic coming from that direction and moving at a speed of twenty to twenty-five miles per hour; that after the accident the defendant stated that he did not see the plaintiff until the latter fell near the bumper of the automobile. There was nothing to obstruct the view of the plaintiff and the lights on the automobile were lighted.