Niedzinski v. Bay City Traction & Electric Co.

Plaintiff was injured in consequence of the derailment of one of defendant’s cars, and brought this action to recover damages for the injuries resulting therefrom. There was testimony tending to show that the car did not slow down when approaching the switch, as required by the defendant’s rule, but ran upon it at its usual speed on a straight track between streets, and that the motorman at the time was looking back into the car. Plaintiff testified :

“ The car was going a good deal swifter that time than what it did before when I was riding on the car. I could not tell exactly the speed; I…