the other. A request for an instruction to this effect was refused. The many witnesses in this case merely gave their estimates as to speed, distance, etc. It is true that the testimony of no one witness fully supports the conclusions of the jury. But the jury is not obliged to accept the stories of witnesses completely as given. It is a jury's function to piece together the stories of all the witnesses, giving each such importance as it decides, until it has its own picture of how the accident actually happened. Of course it must reconstruct the accident from the testimony, but the conclusions reached were justified by the evidence heard. In reaching these conclusions it was unnecessary for the jury to infer facts not presented.
The jury could reasonably find that the taxicab driver negligently put his cab in a position of peril across the tracks, in violation of the highest degree of care owed his passenger, and that the streetcar was being negligently operated at an excessive speed, or that the motorman in other respects did not exercise reasonable care to avoid the accident. There was sufficient evidence for the jury to conclude that the streetcar was being driven too fast, or that the motorman was negligent in not bringing it to a stop; and that the taxicab cut in front of the streetcar, or could have completed its turn without danger, or should not have made the turn under the circumstances. This is not a situation where it is necessary to conclude from the evidence that the negligence of either driver was merely a condition existing at the time of the accident and was not an integral part of the proximate cause relation which caused the accident. The Court feels it is not inappropriate to add that if it were sitting without a jury in the trial of this case it would have found against both defendants.
Cab Company contends that its requested instruction on unavoidable accident was wrongly refused. Clearly there was no evidence from which the jury could have reasonably concluded that the accident was unavoidable.
Cab Company's remaining ground is that Sec. 22(a) of the Traffic Regulations was improperly included in the Court't charge. The Regulation requires simply that a car be driven at a speed which is reasonable under the circumstances, and that in every event the speed shall be such as to avoid colliding with any person or vehicle. There was evidence from which the jury could conclude that the taxicab was being driven at excessive speed under the circumstances. Cab Company maintains that the words 'in every event speed shall be so controlled as may be necessary to avoid colliding' requires the conclusion that any operator of a vehicle involved in a collision has speeded. The Regulation does not compel this conclusion nor does such interpretation appear reasonable. The Regulation only sets up a standard in compliance with the common law duty of all persons to use due care in all circumstances. As Sec. 22(b) indicates, Sec. 22(a) is intended for circumstances where a special hazard exists that requires a lower speed, in compliance with the duty to use due care, than those speeds which are specifically designated in Sec. 22(b). In addition, the jury was specifically charged that it was for them to decide whether in view of all the facts and circumstances established by the evidence the speed requirement had been violated. Though the Regulation may not be as precise as is desirable, the Court cannot say that the Cab Company was prejudiced by its inclusion in the charge.
The litigants were represented in this case by able, experienced counsel who tried the case thoroughly and aggressively. The case took a week to try. With the record free from prejudicial error, as the Court finds it to be, to grant a new trial to defendants would be virtually giving them another chance with a new jury to have the issues determined in their favor. Obviously to do so would be an encroachment by this Court on the jury's function.
The motions of the Cab Co., Riley and the Transit Co. are hereby denied in their entirety. An appropriate order will be entered.