VARISCHETTI V. THE MOTOR VEHICLE INSURANCE TRUST

DGMENT (ORAL,

'HE MOTOR

VARISCHETTT,

ve

CLE _INSURAN

RUS!

DIXON C.Je

MoPIERNAN J. karro J.

MARISCHETT: Ve

E R ¢) NSURANCE IST.

DIXON C.Je: This is an appeal by the plaintiff in an action for damages for personal injuries caused by the negligent driving of an autocycle. It is an appeal by the plaintiff against a decision of Jackson J., who entered judgment in the action for the defendant.

The plaintiff in the action is the survivor of the parties to a collision upon the highway in Boulder. He was riding a motor cycle travelling west upon a roadway called Burt Street. The defendant is The Motor Vehicle Insurance Trust,whtrh is the insurer of a man named Trott who was riding an autocycle at a slow pace in the same direction along the same street. Trott lived on the west of Kingsmill Street, which comes into Burt Street from the north. Burt Street is a street in which at one period there had existed a tramway in the middle of the road. The tram lines had been removed but the posts of the tramway remained. On each side of the former tramway was a bitumen strip. The two parties to the collision were travelling upon the southern bitumen strip. Some distance, a little over thirty feet, froma point through which the eastern building line of Kingsmill Street would pass if prolonged there was standing one of the poles of the former tramway. The autocycle carrying Trott was in front. It would be natural for him, if he thought it safe to do so, to swing to the right and perhaps cut the corner to get to his house on the west side of Kingsmill Street or to a lane leading to his house. The plaintiff Varischetti was approaching at a very much faster pace, it would seem, though that is not necessarily material, and was rapidly overtaking the deceased man Trott. He overtook him and hit his autocycle; the autocycle was thrown for a very considerable distance forward but to the right so that it finished near a point at the prolongation of the building line upon the west side of Kingsmill Street, with Trott lying beside it dead. The motor cycle went a very much further distance,