Mosher v. Hayes

By the Court.

The only question in this case is whether the affirmative defence of contributory negligence on the part of the plaintiff was established as matter of law. It is *59rarely that such a ruling can rightly be made. Castano v. Leone, 278 Mass. 429, 431. G. L. (Ter. Ed.) c. 231, § 85. The plaintiff was a pedestrian. At about eight o’clock in the evening of the last day of September, 1933, he left the curb of a reservation to cross a well lighted street when the automobiles of the defendant and of several others were two hundred to two hundred and fifty feet away, shortly after having…