Hanlon v. South Boston Horse Railroad

The plaintiff in his declaration alleges that he was injured by a car of the defendant company, which was carelessly driven upon and over him. The case appears to have been tried upon this allegation. But in the closing argument, it was first contended in behalf of the plaintiff that, if a car on one of the double tracks of the defendant’s railway was carelessly driven towards him, and to escape from it he ran upon the other track in front of another car, by which he was struck and injured, he could recover, although there was no negligence on the part of the driver of the last-named car. The…