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205 Mass. 49

Commonwealth v. Buxton

Massachusetts Supreme Judicial Court

Decided February 23, 1910

Massachusetts Supreme Judicial Court · decided 1910-02-23

<p>Evidence, Of speed, Experiments, Competency, Best and secondary. Automobile.</p> <p>At the trial of a complaint for operating an automobile at a rate of speed exceeding twelve miles an hour in violation of a lawful regulation of a board of park commissioners, the Commonwealth offered in evidence an instrument called a photo-speed-recorder, which had been used by the witness who produced it to ascertain the speed at which the defendant’s automobile was moving at the time in question, and which consisted of two photographic cameras set side by side, provided with a mechanism which automatically exposed one of the cameras one second before the other one, and also provided with a chronometer arranged as a stop watch. To determine speed by the use of the instrument a formula was employed which made it necessary to know the distance of the external object from the lens of the camera and the distance of the image on the photographic plate from the lens as well as the size of the object and the size of the image. The Commonwealth offered to show that the witness who tested the speed of the defendant’s automobile by the use of the instrument, before making the test, had been furnished with and knew the distance of the image from the lens in each camera and that he had photographed ten times with each camera an object at distances varying from thirty to three hundred feet, that he had measured the length of the object and by means of the formula had calculated the distance of the object from the camera, and that afterwards he bad measured this distance with a tape and found it to be the same as shown by the estimate. The defendant objected to the evidence of the experiments as inadmissible because of the insufficiency of the experiments and because of the difference of the conditions from those under which the speed of his automobile while in motion was tested by the use of the instrument. Held, that the question whether evidence of experiments should be admitted depends largely on the discretion of the trial judge, and that this court could not say as matter of law that the evidence did not justify the judge in coming to the conclusion that the experiments would be useful in determining the speed of the car.</p> <p>In order that experiments made by means of a machine or mechanical instrument should be admissible in evidence it is not necessary that the machine or instrument should have been operated by an expert, if there is evidence tending to show that accurate results can be reached by the use of the machine by one not an expert.</p> <p>At the trial of a complaint for operating an automobile at a rate of speed exceeding twelve miles an hour in violation of a lawful regulation of a board of park commissioners, the Commonwealth offered in evidence an instrument called a photo-speed-recorder, which had been used by the witness who produced it to ascertain the speed at which the defendant’s automobile was moving at the time in question, and which consisted of two photographic cameras set side by side, provided with a mechanism which automatically exposed one of the cameras one second before the other one, and also provided with a chronometer arranged as a stop watch. The Commonwealth offered to prove that the chronometer contained in the instrument had been compared by the witness with stop watches carried by two other witnesses and alk> with the standard chronometer in the physical laboratory of the Massachusetts Institute of Technology and had been found in eacli case to be accurate. Held, that this evidence was admissible and justified the trial judge in submitting the question of the accuracy of the chronometer to the jury, and that the evidence also was sufficient to warrant a finding by the jury that the chronometer was a correct recorder of time.</p>

Relies on Field v. Gowdy · Baker v. Harrington

Good law ✅— No negative treatment on recordhow we know

Decided 1910-02-23

How this case has been cited

Cited by 15 later decisions — most recently August 2008

15 state decisions

301910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hammond, J.

¶1The defendant contends that the apparatus offered was inadmissible first, because of the “ insufficiency of *53. . . [the] . . . ex parte experiments intended to show the reliability of the machine,” and second, because of the failure of the Commonwealth “ to show the trustworthiness of said stop watch mechanism, an integral part of the apparatus.” j In support of the first objection he insists that the evidence of the experiments described in the fifth paragraph of the “ agreed statement of facts ” was inadmissible and the experiments themselves insufficient because the conditions under which the experiments were performed differed from those under which the experiment in the case in question was performed, the difference being that in the former the apparatus was used to photograph a stationary-object, while in the latter the object was moving; and also that in the former the apparatus was used only to ascertain distance, while in the latter it was used to ascertain something more, namely, “ speed as shown by both distance and time.”

¶2As a rule the question whether evidence of experiments shall be admitted depends largely upon the discretion of the trial judge; and his action in the exercise of this discretion will not be reversed unless plainly wrong. Field v. Gowdy, 199 Mass. 568, and cases cited. In this case the result of the experiments did not depend upon the fluctuations of human agencies, nor on conditions whose relations to the result were uncertain, but upon the immutable working of natural laws ; and upon the evidence the presiding judge may well have found that such experiments were likely to be more reliable as to the speed of the automobile than the conjectural statement of an eye witness or the interested statement of a chauffeur. We cannot say as matter of law that the evidence would not justify the judge in coming to the conclusion that the experiments would be useful in determining the speed of the car. Indeed it would seem desirable to have some machine whose action being dependent upon the uniform working of the laws of nature would record the speed of a moving object.

¶3Hor is the fact that the experimenter was not an expert fatal to the introduction of the machine. A man may testify to the existence of thunder and lightning and the disastrous results therefrom without being an expert on electricity or electrical phenomenon. For a discussion of the law relating to the admissibility of experiments see among other cases Baker v. Harrington, 196 Mass. 339, and cases cited.

¶4*54The evidence as to the accuracy of the chronometer was admissible and justified the trial judge in submitting that question to a jury. Moreover it was sufficient to warrant a finding by the jury that the chronometer was a correct recorder of time.

¶5It follows that there was no error in admitting the instrument in question, or the evidence as to its construction, or that relating to the experiments.

¶6 Exceptions overruled.

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