Middlebury register. (Middlebury, Vt.) 1886-1937, 1911-05-26
NO AUTO SPEED LIMIT IN
STATE.
Reason Must Be the Guide for
Drivers and Jurists, High
Court SAYS.


Court Says.
Whether driving an automobile at
speed constitutes an offence or not now
depends upon reason and attendant cir
cumstances.
The full bench of the Supreme Court
Thursday sent down a decision in the
case of the Commonwealth VS.. Daniel
Cassidy to the effect that there is no
fixed speed limit for automobiles in this
State, and no matter at what speed the
machine was run, if it was reasonable
and proper to the minds of jury, hav-
ing regard to the traffic, use of the
hishway and safety of the public, there
was no offence.
Under this rule of reasonableness,
the court declares that in some cases an
operator might be convicted of over
speeding even if he had not exceeded
the rate named in the statue, and in
some cases might be acquitted even
though he exceeded it.
Cassidy ran an automobile at speed
of between % and "a miles an hour in
Beacon street for an eighth of mile
Dec. 2. He was convicted of having
violated the 1909 automobile speed law
by running his automobile at a speed
"greater than was reasonable and
proper, having regard to the traffic,
the use of the way and the safety of
the public" His exceptions are now
sustained.
b. The early automobile statues fixed
the limit at which automobiles could be
operated
The court says The offence pre-
scribed by st. 1909, chapter 534, section
16, was of operating an automobile
at a rate of speed greater than was
reasonable and proper, having regard to
traffic and the use of the way and the
safety of the public.
''Of course the burden was upon the
commonwealth to prove his guilt.
1.-The section in question, after Great
ing the offence, goes on to provide that
in certain localities therein described "a
speed exceeding 20 miles per hour for
the distance of quarter of a mile
shall be 'prima facie evidence of rate
of. speed greater than is reasonable and
proper and it contains similar provi-
sion as to rate of speed exceeding Is
miles per hour for the distance of one
eighth of mile in certain other local.
ties.
"Shortly stated, the statute forbids
the running of an automobile at rate
of speed greater than is reasonable and
proper, and declares what rates of
speed shall be prima facie evidence of
the rate forbidden.
"The real question in all these cases
now is whether the speed is greater
than was reasonable and proper, having
regard to traffic and the use of the way
and the safety of the public, the burden
being on the commonwealth to show
that it was. If the speed was such as
to make out prima facie case for the
prosecution, still the burden does not
change.
"The jury are to give due weight to
the prima face case taken in connection
with the other circumstances disclosed
by the testimony, whether coming from
witnesses called by the government or
by the defendant, and if they Pre- salts
fled that the speed is greater than was
reasonable and proper, having regard
to traffic and the use of the way and
the safety of the public, they should
convict the defendant; otherwise they
should acquit him.
"And hence in some cases defendant
may be convicted even if he has not
exceeded the rate named in the prima
facie clauses of the statute, and in some
he may be acquitted even though he
may have exceeded it. "
Asst. Dist. Atty. A. c. Weber, Thi-
bodeau & Ellsworth appeared for the
defendant - Boston Herald.