This section contains the nature of the case and procedural background.

A local ordinance stated that trolleys could go no faster than 8 miles an hour. Berry (P) was violating the statute, going faster than 8 miles per hour when a gust of wind blew a tree on top of the trolley. P sued to recover damages for trespass for personal injuries. The trial court awarded a verdict and judgment for P. D appealed, claiming that P's speeding resulted in his being at the place of injury at the exact moment of the accident. D also claimed that P's speed contributed to the accident.

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