Payne v. Spokane Street Railway Co.

The opinion of the court was delivered by

Scott, J.

The plaintiff was a passenger on one of defendant’s cars, and while it was rounding a curve was thrown from it through the open doorway and injured. He brought this action to recover damages, alleging that the defendant was guilty of negligence in running its car at a high and dangerous rate of speed around the curve. The verdict was for the defendant and the plaintiff has appealed.

*524The respondent moves to strike the statement of facts on the ground that the same has not been settled in conformity with the law, and to dismiss the appeal on the…