Berry (plaintiff) was a motorman employed by the Wilkes-Barre and Wyoming Valley Traction Company. He worked on the company’s line running from Wilkes-Barre to the Sugar Notch Borough (borough) (defendant). The company was governed by an ordinance stating that it could not operate its cars on the borough’s streets above eight miles per hour. A large chestnut tree stood in the middle of the road, within the borough limits. One evening, Berry was driving his car on the borough’s streets in a violent windstorm. He was traveling considerably in excess of eight miles per hour. Berry drove under the tree and the tree fell down, crushing the car and causing him injuries. Berry brought suit against the borough to recover for his injuries. The trial court awarded him $3,162.50, and the borough appealed.