Brager v. Milwaukee Electric Railway & Light Co.

It is the first contention of the defendant upon this appeal that the evidence fails to sustain the verdict of the jury which found the motorman negligent with respect to the speed at which he operated the car. From the testimony of the conductor and motorman it appears that the car was traveling from fifty-five to sixty miles per hour. An engineer of the defendant company testified that the car under the conditions then existing had a maximum speed of fifty-seven miles per hour. The only evidence which tended to contradict this was that of one Harry Smith, who was at a point over five…