Daily capital journal. (Salem, Oregon) 1903-1919, 1911-11-03

asked, We'll. what do you think the
speed of this car was at this time.
! per hour?" He answered: "Of
course. being in the car, it is a little
more difficult TO Judge than it would
be IL you stood outside and had a
chance to watch the car go by; but
l should judge it was going copsid-
erably faster than the average
speed of a car" Q. How many
miles an hour would you saw" A.
oh. it was going more likely be-
tween 10 and 20 miles than 10
miles, right there on that smooth
track"
Mary a Weygandt stated upon
oath that the car must have been
running very fast when it struck the
curve for one of the passengers was
hurled across the aisle.
Delilar Cason testified that at
seth street she was thrown out of
her seat and acrpss the aisle on her
hands and knees, and that the car
appeared to be going very fast.
Rudolph Becker was thereupon
called as plaintiffs witness and tes-
titled that at the time of the acci-
dent Ie was driving a wagon at seth
street and saw the car coming at a
very fast rate of speed and swaying
from side to side as It rounded the
curve. was asked. 'Nuw, what can
you say as to whether or not this
car on this particular morning at
the time OF the accident was run
ming at the usual rate of speed?"
An objection having been inter-
posed to the question, the inquiry
was changed as follows: "Well was
II running at an unusual rate of
speed for that line" Over objection
and exception, he replied. yes,
sir"
Addie E. Dickey. a passenger on
the car, as plaintiffs witness testi-
fled that she had Travelled over that
line twice a day for about two
months prior to the accident; that
she had ridden on railroad trains
and street cars in other cities and
noted the speed at which they were
severally operated, and that she
knew the usual rate of speed of de-
. CdIb ONtI AlllN llut dl lUt
place of the accident, was interrog-
ated as follows: 81 will ask you
this, whether or not this car was at
the time of the accident and at the
point of the accident, and beyond
east of the point of the accident run
ming at a usual or unusual rate of
speed?" Over objection and excep-
ton she answered: 81 consider 1t a
very unusual rate of speed"
The testimony of the last witness
shows that the person giving 1t was
competent to express an opinion on
the subject to which her attention
was called. She was an experienced
traveller, had noted the usual speed
of the car over the particular line
and at the place of the accident for
two months prior thereto, and OBJ
served the rate of speed just prior to
the injury. She could make the
comparison and in permitting her to
do so no error was committed
1t will be conceded that if a wit
ness could have stated upon oath
that he knew the ordinary rate of
speed a car at stated place to be,
say 10 miles an hour, and that on
particular occasion the car ran 20
miles an hour, the jury could readi-
ly have deduced the conclusion that
the speed was unusual. Unless a
witness has been locomotive engi-
neer or person whose employment
has required an observation of the
movement of trains or electric cars,
according to the schedule prescribed
in time table, it would be difficult
for him to say with any degree of
certainty that at a given time and
place certain number of miles had
been attained in operating cars. If
no other persons than those suggest
ed were competent to express an
opinion on this subject, it would
necessarily follow that in nearly
every inquiry where an excessive
and a dangerous rate of speed was
alleged as a ground of negligence, a
failure of proof would probably re-
suit, for 1t is safe to say that the in
terest of most employees is and right
fully should be with the corporation
which secures their services, and
while it will not be presumed or in
ferred that false testimony would be
given, evidence might be suppressed,
questions eyaded, or answers re-
turned that the rate of speed had not
been noted or if observed had been
forgotten.
In order to meet the requirements
of justice a witness who is not such
an expert as has been referred to is
permitted to express an opinion as to
(ContInued nm Papa 6A