Negligence, In use of highway, Violation of statute, Contributory. Motor Vehicle.
In an action for personal injuries sustained, after the enactment of St. 1914, c. 553, when the plaintiff was riding a motorcycle on a public highway more than half an hour after sunset, from running into a four wheeled farm wagon ahead of him going in the same direction, which was being driven in violation of St. 1911, c. 578, § 1, as amended, with no light attached to it, there was evidence that the plaintiff's motorcycle was lighted as required by law, that at the rate of speed at which he was going he could have stopped his machine within a distance of fifteen feet and that he was about twenty-five feet away when he saw the glitter of the reflection of his own headlight upon the rim of the right outside rear wheel of the defendant's unlighted farm wagon, that he immediately turned to the left as far as he could but came into collision with the left rear wheel of the wagon and was injured severely. Held, that it could not be ruled as matter of law that the plaintiff was negligent, it being a question of fact whether under all the circumstances he exercised the care of an ordinarily prudent traveller.
BRALEY, J.
The presiding judge rightly refused to order a verdict for the defendant. The accident happened at about half past eight o'clock in the evening while the parties, each going in the same direction, were using a public way as travellers. It is argued that as matter of law the plaintiff was not in the exercise of due care. The jury doubtless could find that the plaintiff's motorcycle, lighted as required by law, could be stopped at the rate of speed he was going within a distance of fifteen feet and that he was about twenty-five feet distant when he saw the rear wheel of the defendant's unlighted farm wagon.
But the defendant was violating the statute, and the jury could find that the plaintiff did not know the wagon was ahead until he observed the glitter of his own headlight upon the rim of the right outside rear wheel of the wagon, when, although driving at proper speed and immediately turning to the left as far as he could, he came into collision with the left rear wheel of the wagon and was injured severely. Sts. 1911, c. 578, § 1; 1914, c. 182; 1916, c. 30; 1917, c. 344, Part V, § 18.
It was therefore a pure question of fact whether under all the circumstances he exercised the care of the ordinarily prudent traveller. Hennessey v. Taylor, 189 Mass. 583, 584.
Exceptions overruled.