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

DecidedDecember 28, 1900

StatusPublished

This text of 47 A. 888 (Gunn v. Union Railroad Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

47 A. 888, 22 R.I. 321, 1900 R.I. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-union-railroad-co-ri-1900.