Smith v. Chicago, North Shore & Milwaukee Railroad

It is one of the grounds of negligence alleged that the train of defendant was running at such an excessive speed, that it could not be properly controlled by the motorman. The highest rate of speed claimed was fifty miles per hour, as found by the jury. The line was straight and in *262the open country. The plaintiff relies on no statute or ordinance governing the rate of speed.' This question has several times been before this court. In an opinion by Mr. Justice Timlin the court said:

“The highest estimate of speed is fifty miles per hour. We cannot close our eyes to the fact that in order to…