Rutland v. Dean

1. Where in an action in tort the allegations of negligence were that an automobile was being driven on a city street in excess of forty-five miles an hour, in violation of a city ordinance limiting speed to twenty-five miles per hour, and in conscious indifference to the safety of the plaintiff and others using the street; and upon the trial there was evidence that the defendant’s cab was going forty to forty-five miles per hour at the time of the collision, passing other cars, and approaching an intersection, the allegations and the evidence required the charge of the court upon gross…