Ware v. Boston & Maine Railroad

The first exception relates to evidence given by one Sisk. He testified that he was sitting in his car on the south side of the crossing, facing north. He saw the decedent approach from the north, at some distance from the crossing. He was asked if he could determine the speed of the car. His answers were that he could not establish it in miles per hour. On cross-examination he was asked if, in his deposition taken by the plaintiff, he had, in answer to the question: “When he [Ware] was approaching you, could you tell whether he was going fast, medium or slow,” said, “Well, the only thing I…