Cucinella v. Weston Biscuit Co.

I dissent.

I am of the opinion that it was prejudicial error to admit evidence of the “average speed” traveled by vehicles in the area of the accident in view of the testimony showing that the area in question was posted with 25-mile-an-hour speed limit signs. It has been held numerous times by this court and by appellate courts of this state that the question of negligence, or lack of negligence, is not to be determined by what others did or did not do at the time and place under the particular facts and circumstances then and there confronting them, including the important and undisputed…