Varn v. Butte Electric Railway Co.

By her complaint in this action the plaintiff charges the defendant in three counts with negligently causing the death of John Back, and seeks recovery of $50,000 damages for his estate of which she is the administratrix. The first count in substance alleges a violation by the defendants of franchise Ordinance No. 434 of the city of Butte, and predicates defendants’ negligence thereon, which ordinance, among other things, provides that no street-ear shall be run at a rate of speed in excess of eight miles per hour in the portion of the city of Butte where the accident occurred, and requires…