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| Spring v. Inhabitants of Williamstown, 71 NE 949 (1904). A bicyclist approaching a bridge fell into the stream from a portion of the approach not guarded by a rail. It was a dark and rainy night, the bicyclist was nearsighted and wearing glasses, and he was not using lights--he was following for a time a wagon with a lantern at the rear. The trial court found for the defendant, and the plaintiff appealed. Plaintiff's exceptions sustained and circumstances were held to be questions of fact to be decided by a jury. "As the defect was one for which the town would be liable in damages to a traveler passing over the way on foot or on horseback, or in any vehicle of the usual kinds, we think that the fact that plaintiff was traveling on a bicycle did not of itself justify the ordering of a verdict for the defendant." | ||||
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