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| Rogers v. Phillips, 104 NE 466, 217 Mass 52 (Mass 1914). The plaintiff won at trial after the first hearing by the Supreme Judicial Court of Massachusetts (whereupon that court reversed the original judgment for the plaintiff and remanded the case for a new trial), and the defendants excepted. Overruled. From the opinion of the Supreme Judicial Court: "The relative position of the automobile and the bicycle at the time when Rogers attempted to cross the highway, as described by the plaintiff's witness Lentz, is somewhat uncertain. He testified that he saw Rogers, who all the time had been ahead of the automobile, make a long, sweeping turn when the car 'had gotten about 50 feet from Wolcott Road.' We may construe this to mean 50 feet from Wolcott Road in the direction of where the witness was, or northerly. He used the word 'from' in this sense earlier in testifying to the speed of the automobile when it was '30 to 35 feet from where the accident happened,' evidently referring thereby to a time before the accident and a place northerly of where the collision occurred. So construing the record, Rogers was about 150 feet ahead of the automobile when he started to cross the highway. Even if the testimony of Lentz be interpreted as meaning 50 feet south from Wolcott Road, the deceased was fully 25 feet ahead of the car when he made a long, sweeping turn." | ||||
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