Oddwycz v. Connecticut Co.

The only evidence offered by the plaintiff as to the conduct and situation of his decedent prior to the time—about seven-forty p. m.—when he was seen by the defendant’s motorman lying upon the tracks and was struck and killed by defendant’s car was that at about six o’clock he left a store, about five minutes’ walk from the place of the accident, and was seen between six-forty-five and seven o’clock walking on the street in the direction of the tracks. This was insufficient to remove from the realm of surmise and conjecture the question of his exercise of due care. Plona v. Connecticut Co.,…