Elliott v. Callan

I dissent from that part of the decision which holds that the testimony of customary speeds was erroneously admitted.

The basis for my dissent is a disagreement with the majority on the reason why evidence of a custom or practice of any kind is admissible and a disagreement on the effect of the statute providing for designated speeds.

The majority considers the evidence incompetent because it did not point “to anything he [defendant] did in the particular circumstances * * * but by drawing an inference from the conduct of others * * *” seeks to explain why defendant’s speed was reasonable.

*263Eviden…