Glazebrook v. West End Street Railway Co.

We think that the instructions given were correct, and that those requested by the plaintiff, to the refusal to give which he excepted, were rightly refused.* The plaintiff was driving with the nigh wheels of his wagon in a rail of one of the defendant’s tracks. There was space enough for him to drive on the outside of the tracks without danger of collision with the cars. The evidence was contradictory whether he attempted to get out of the rail or drove straight ahead till the wagon and car collided. His view of the approaching car was unobstructed, and there was nothing to prevent him from…