Fitch v. Mason City & Clear Lake Traction Co.

Plaintiff claims that while a passenger-on one of defendant’s electric trains, running between Mason City and Clear Lake, he was seated by the conductor on a seat, provided for passengers near an open door, and, in this exposed position, was permitted to ride without warning of danger, and the train, being late, was run at an excessively high rate of speed on a down grade, and into a ten-degree-curve of the track, where the track was out of alignment — making a compound curve — -with the result that plaintiff' was lifted and thrown from his seat out of the door and upon the right of way of…