Youngstown Municipal Ry Co. v. Schmitt

The testimony in this case does not bear out the allegations of the petition that this car was proceeding at an excessive rate of speed; in fact, the testimony discloses that the street car was proceeding at a rate of about fifteen miles per hour. There is absolutely no testimony introduced in proof of the allegation that the defendant company had failed to comply with the terms of any municipal ordinance. No ordinances were introduced in evidence. It is therefore apparent that no negligence in this ease can be predicated upon these two grounds, as there is absolute failure of proof.

We have…