Gunn v. Union Railroad Co.

Supreme Court of Rhode Island

Gunn v. Union Railroad Co.

47 A. 888, 22 R.I. 321, 1900 R.I. LEXIS 117

Procedural entryThis page is a short order in Gunn v. Union Railroad Co.. Read the opinion of the Court — 23 R.I. 289 →

Supreme Court of Rhode Island·Decided December 28, 1900·Published

Opinion

Per Curiam.

(1) The great preponderance of the evidence shows that the accident was occasioned by the plaintiff suddenly backing out towards the track so that the car, which was proceeding at moderate speed, could not have been stopped in time to avoid him.

There is no evidence that the motorman was guilty of any neglect of duty.

While the presence of the coal-wagon on the street imposed upon the motorman the duty to proceed with caution, we do not think he was bound to anticipate and provide for the action of the plaintiff in suddenly stepping backwards toward the track.

Petition for new trial granted.

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Per Curiam.

(1) The great preponderance of the evidence shows that the accident was occasioned by the plaintiff suddenly backing out towards the track so that the car, which was proceeding at moderate speed, could not have been stopped in time to avoid him.

There is no evidence that the motorman was guilty of any neglect of duty.

While the presence of the coal-wagon on the street imposed upon the motorman the duty to proceed with caution, we do not think he was bound to anticipate and provide for the action of the plaintiff in suddenly stepping backwards toward the track.

Petition for new trial granted.

Gunn v. Union Railroad Co., 47 A. 888, 22 R.I. 321, 1900 R.I. LEXIS 117 (R.I. 1900).

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