Weiss v. Wasserman

Of the exceptions taken by the plaintiffs Weiss, one was to the admission of evidence that “A person who knows they have to stop [the automobile he is driving] can make a little quicker stop than a person who doesn’t know it and has to react and get their foot on the brake.” The claim was made that it violated the rule against opinion evidence to receive it. If the evidence was of a fact which is a matter of common knowledge, it was harmless. McCarthy v. Souther, 83 N. H. 29, 33. If common knowledge may not be properly asserted, the evidence was competent, at least in discretion, as being the…