Spear v. Hummer

Lyon, C. C. J.

This is on a rule to show cause why a new trial should not be granted. Yerdict for the injured plaintiff was $10,000, and $200 for the owner of the car.

The case of the plaintiff is based largely on the theory that the. defendant was driving at an extraordinary rate of speed. Mrs. Spear testified that the defendant was going sixty-five or seventy miles an hour. If the jury should find that that was true then it is not clear that the plaintiff was guilty of contributory negligence. Mrs. Spear testified that she looked both ways when she entered upon this road and waited until she…