Gardner's Case

The employee was a motorman of the Berkshire Street Railway Company. His run at the time of the accident was between Pittsfield and Great Barrington. He left the latter place in the evening and with his car arrived at the switch at South Lee at ten o’clock that night; the railway tracks at this point were on the grass off the macadam road. He alighted from the car and started across the road “ to get a drink and relieve nature,” and when six or eight *309feet from the side of the car was struck and injured by a passing automobile. There was evidence that it was customary for the crews of the…