Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 18

Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... competent as a part of the res gestae, where the same testimony would not be admissible were the party still living and on the stand. Syllabus approved by the court. Eaaoa to Hamilton common pleas court. E. (i. Kinkead and H. K. Rogers, for plaintiff in error. Peck, Shaffer 6' Peck and S. B. Hammel, for defendant in error. JELKB, J. Taking up the grounds of error complained of in the order in which they are presented in the brief of counsel for plaintiff in error: I. " (a) The plaintiff failed to show by a preponderance of the evidence that the defendant was guilty of negligence in the matter of speed." Testimony, as to speed, is always somewhat unsatisfactory. While it is a statement of fact, it necessarily involves matter of opinion. It usually must be expressed in various modifications of the adjectives "fast" and "slow," and these expressions are correlative to surrounding facts and circumstances so that they furnish very little satisfactory information. Definite and exact statements and estimates as to speed are also unreliable, and are to be scanned with close scrutiny because most witnesses are incapable and unless there is some particular reason, qualified witnesses at the time are not usually making mathematical estimates of speed and particularly directing their attention" and exerting their faculties in such determination. It is even then a matter into which error is very likely to creep. This being so, _wl1ile the testimony on the subject of speed in the record is not of such satisfactory character as we usually look for to make out a preponderance on other clear cut issues of fact, yet it is evidence, the best obtainable and entitled to consideration, and the finding of a jury on this...
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Product details

  • Paperback | 384 pages
  • 189 x 246 x 20mm | 685g
  • United States
  • English
  • black & white illustrations
  • 1236944410
  • 9781236944412