Plona v. Connecticut Co.

Assuming that the jury did not believe the motorman’s story, there was no testimony as to the decedent’s movements between the Bernstein house and the place of the accident. There was testimony that the track was commonly used as a foot path; that it was considered unsafe to walk in the traveled roadway because of the density of traffic, and that the path north of the track was rough. This testimony may afford some uncertain basis for inference as to the prob able conduct of a foot passenger traveling along the highway; but it affords no basis for inference as to the probable conduct of the…