Manly v. . Abernathy

'Walkee, J.

This action was brought to recover damages for injuries sustained by plaintiff as the result of the negligent running and operation of defendant’s automobile, whereby he was knocked down by the said car in a public street, where he had the right to be, and severely injured. There seems to be not the slightest room for doubt, if the evidence of plaintiff is true, that defendant negligently ran his car at an excessive rate of speed, 45 miles the hour, in a much used and frequented public thoroughfare, and without giving any signal of his approach. The case turns upon the…