Longley v. New England Telephone & Telegraph Co.
Longley v. New England Telephone & Telegraph Co.
Opinion of the Court
The plaintiff, a boy of sixteen, was assisting his .father in the grocery business by taking and delivering small orders and collecting bills. He was driving a grocery wagon when the top came into collision with a rope stretched across the street by the defendant company, and he was thrown out, receiving the injuries complained of. There was a verdict for the plaintiff and the case is here upon the defendant’s exception to the refusal of the trial judge
The bill of exceptions contains the stipulation “ that the only ground relied on in support of this exception is that the plaintiff failed to introduce sufficient evidence of due care on his own part.” The only question before us relates, therefore, to the plaintiff’s due care.
The plaintiff testified “ that ‘ for a minute and a half or two to three minutes or something like that ’ before he reached the point where the rope was fastened to the tree he was turned around on the seat of the wagon, arranging some baskets behind him, and was not looking ahead; that he held on to the reins while so doing, and 6 the first thing he knew he fell out of the wagon.’ ” The plaintiff further testified that the horse was a safe horse and that he was going at an ordinary trot. He was asked on cross-examination if he could have seen the rope quite a distance down the street if he had been looking ahead, and he answered that he did not know; he should think so. It appeared that the rope was about an inch in diameter and extended diagonally downward across the street from the top of a pole on one side of the street to a tree to which it was fastened on the other side of the street at a point about seven feet from the ground. The plaintiff was driving on the right hand side of the street, about a foot from the curbing. The tree was on
The plaintiff was driving along the street
Exceptions overruled.
Bell, J.
Fayette Street in Lynn.
Reference
- Full Case Name
- Russell Longley v. New England Telephone and Telegraph Company
- Status
- Published