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| Clouatre v. Lees, 75 NE 2d 242 (Mass 1947). A 16 year old bicyclist was riding through a parking lot of a corner filling station. He was cutting through the lot rather than going through the intersection. He was struck on the intersecting street by a motorist coming from his left, but the case does not make it clear whether he was struck as a ride-out collision or if he was already on the street and struck from behind. It was a pleasant day and the motorist was traveling 25 to 30 mph on impact with the bicyclist, who was riding at 5 mph. The motorist's skid marks were 50 feet long. Judgment for plaintiff, and the defendant excepted. Overruled. From the court's opinion: "We think there was evidence for the jury of the defendant's negligence. The expected presence of school children required a high degree of care. A jury could find negligence in driving even at a speed of 25 to 30 miles an hour, without giving any signal, where a boy was likely to come in sight from the driveway just as the plaintiff did. ... The present case is distinguishable from those in which the person injured suddenly and unexpectedly came out from behind something that obstructed the view, into the path of an approaching vehicle, ... "With the burden of proof on the defendant ... it could not be ruled as a matter of law that the plaintiff was guilty of contributory negligence. He was entitled to take into account the probability that motorists would regard the presence of the school and the likelihood that school children would be encountered." |
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