Kennedy v. Chicago, Rock Island & Pacific Railroad

I dissent, particularly disagreeing with the rule stated, and applied by the court that: “* * * outside the limits of cities, villages, and towns no rate of speed of a train is in itself unlawful or evidence of negligence.” The corollary of the stated rule would be that inside the *354limits of cities, villages, and towns the rate of speed of a train generally and in itself could be evidence of negligence.

A contention that the rate of speed was made unlawful by ordinance or statute is not involved here.

The court by this rule makes the question of whether or not speed “in itself” is evidence of…