Nature of the Case
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Facts
An auto collision occurred. The car owned by Jackson (D) and driven by Raill Jackson (D) hit P's car at the intersection of Ellamont Street and Clifton Ave. in Baltimore. There was no evidence of negligence on the part of D except as to excessive speed. The only witness to that issue, Hall, testified that he did not see D's car except at the moment of collision and it was his opinion that the speed of D's car was excessive. Hall's opinion was not based on actual observation. Hall was walking north on Ellamont on the east side of the street and was a half a block away from the accident and could not see D's car moving westwardly on Clifton Avenue prior to the accident. It was determined that there were 26 feet of viewing space for the witness to see the car before it hit P. P got the verdict and D appealed.
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