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

A driver for the Dallas Railway & Terminal Co. (D) was driving the streetcar in such a manner that he barely allowed passengers to get off before speeding away, and also failed to see if they were clear. Farnsworth (P), after witnessing this behavior, got off the streetcar. As the driver sped off, he hit P with the rear of the car. P offered evidence to show that the driver had been driving negligently while arriving and departing previous stops. P was awarded damages, and D appealed the allowance of the evidence of previous behavior.

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