Johnsen v. Oakland, San Leandro & Haywards Electric Railway

PlaintifE has recovered damages for personal injuries received while a passenger upon one of defendant’s electric street-cars. The car was going at an unusual and unlawful rate of speed, and while upon a curve, a flange of the car wheel broke, the car left the track, and plaintiff was precipitated to the ground through a window of the car, to his great injury. 'This appeal of defendant has but little merit.

It is first contended that the excessive speed of the car was not the proximate cause of the accident. This claim is based upon the testimony of defendant’s witnesses to the effect that a…