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Important Paras • It is strongly contended that to permit expert testimony as to speed of the automobile based on evidence already before the jury invaded the province of the jury and constituted prejudicial error. We do not agree. We start with the general rule that the testimony of a duly qualified expert as to speed, based on skid marks, is admissible. Borgman,; State v. Bosch,; Collins v. Project igi 5 pc game download free. State,; Davis v.
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Zucker, Ohio App., 106 N.E.2d 169. And whether a witness is shown to be qualified to testify as an expert, is a matter addressed to the judicial discretion of the trial court. Atchison, Topeka Santa Fe Railway Co.,. Go to • Both motions were granted by the court, and appellant contends that the court committed error in granting a jury trial. We see no error in the ruling of the court. The granting of the motion for a trial by jury was a matter within the discretion of the trial court, even though a jury had been waived pursuant to § 21-1-1(38) (d), 1953 Comp., being Rule 38(d), our Rules of Civil Procedure.
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This is made clear by § 21-1-1 (39) (a), 1953 Comp., being Rule 39(a), our Rules of Civil Procedure, which reads: Go to • 'All issues not set for trial to a jury as provided in Rule 38, shall be tried by the court; but notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.' Go to • The Guest Statute, § 64-24-1, 1953 Comp., reads: Go to • With respect to speed, it is well established in this jurisdiction that speed alone, or speed accompanied by inadvertence, or speed accompanied by acts of mere negligence, as the term is ordinarily understood, does not meet the test of the Guest Statute.
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Yates,; Fowler v. But speed when accompanied by acts of wanton misconduct by a driver becomes an important factor. We repeat, Highway 41 is to the east and parallels the railroad track for a considerable distance, and crosses the track at a 90 degree angle on an 'S' curve. A distance of 1,350 feet north of the apex of the curve there was a sign showing an 'S' curve and a 30 mile speed limit; 900 feet north of the curve was a sign indicating a 90 degree angle with a 30 mile speed limit; and 675 feet north of the curve there was another sign indicating a 30 mile speed limit. Also, there were pairs of signs placed on opposite sides of the highway; two, 600 feet north of the curve, two, 500 feet north of the curve, and two, 400 feet north of the curve, all designed with alternating black and white stripes, and all of which were north of the point where Prevost applied his brakes. Some 160 feet north of the crossing, there was a crossing marker, an 'X' scotch-lighted. Then, near the apex of the curve there was a sign with an arrow pointing to the west.