Edward a. Guay V. Eastern Massachusetts

Negligence, Contributory, Street railway, In use of way. At the hearing by a Judge without a jury of an action of tort against a street railway company for personal injuries sustained
when an automobile driven by the plaintiff was run into from behind by an electric street car of the defendant, there was
evidence that on a street where travellers were governed by traffic lights the plaintiff had passed the street car at a green
traffic light just after the motorman had closed the door before the car started; that the next traffic light, distant about
one hundred forty feet from the first, was red, and the plaintiff, as there was a vehicle at his right stationary because
of the second traffic light, gradually turned onto the car track and came to a stop in the ordinary way as required by the
light; and that while waiting for the red light to change to green, the collision occurred. The Judge found for the plaintiff.
Held, that the evidence presented questions of fact as to contributory negligence of the plaintiff and negligence of the defendant's
motorman, and that it would not have been proper to rule on either question as a matter of law.