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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Nov. 18, 1954)
EIGHT MEDFORD fOMOOW) MAIL TRIBUNE Thursday, If orember 18, 1954 Policeman's Opinion on Speed, of Car Said Not Useable in Court r Salem U.R) The opinion of a policeman concerning the speed of a car cannot stand up in court as evidence even though he may be a veteran of ficer, the Oregon Supreme Court said yesterday. The court reversed a judg ment for $15,000 for personal in juries suffered by a guest pas senger, in a case tried in the Wasco County Circuit Court Of Judge M. W. "Wilkinson. Occurred in 1951 " Jack E. Bailey sued the estate of James A. Triplett for $15,000 for personal injuries he suffered as a guest passenger in a car driven by Triplett. The accident occurred in September, 1951, on the Dalles-California highway near Tygh Valley. Bailey and Triplett were returning ; home after a night of visiting taverns and resorts in Maupin. The car left the road on a curve and went down an embankment. Bai ley was thrown from the car and " suffered severe injuries. Triplett died . in the accident. Bailey claimed the driver was intoxicated and, grossly negli gent. ' . . . ' While holding that the trial judge properly left to the jury the. question of whether or not Ready to Use I uits IIX M to Use FRUIT MIX for delicious Fruit Cakes E.VOTJD Bailey knew or should have known that the driver was too drunk to drive safely, and so chargeable 7 with contributory negligence, the high court said prejudicial error was .committed in admission of a police officer's opinion that the car was travel ing 70 to 90 miles an hour at the time of the accident. The high court, in an opinion written by Justice Walter L. Tooze, said this amounted to pure speculation and conjecture, and considering the position and long experience of the officer, would unquestionably have a de cided effect on the jury. He added that the question is not primarily how fast the automo bile was traveling in miles an hour, but whether its speed was excessive under all the facts, circumstances and conditions ex isting at the time, and this should be determined by the jury from the facts presented. Tooze further added that since the law limited the recovery against the estate of a deceased person to $15,000, the judge should have stricken from Bai ley's complaint an allegation that he had been damaged in the sum of $200,000. . . V The judgment was reversed, and the case sent back to Wasco county for a new trial. . DicfiQnary Writers Give Up on Standards Chicago' flJ.R) . The people who write dictionaries have stopped trying to set up lan guage standards. , Ignace J. Gelb, a University of Chicago language expert, made a study of dictionary-making and concluded that dictionary editors are no longer "shocked" by words in common usage.' . Instead, he said, they describe language people use and try to define words instead of criti cizing usage. ; dictionaries tnemselves are more than five thousand years old, he added, dating back to ancient Sumer in Mesopotamia.' - Samuel Johnson set up the first English dictionary in 1755, and Noah Webster published his irrst American dictionary in 1829. ; Half-Size Fashion Im III I 9057 -fir toll IIIA! So slenderizing! If you'd like to minimize your measurements, the PRINCESS effect is for you! Unbroken line from bosom to hem makes you look so much taller, slimmer. Cut tp Fit the half-size figure no alteration problems. Make this in faille, crepe, wool. Pattern 9067: Half Sizes, 14Vi, l&te, IBM, 20V4, 22, 24V4. Size 16Vi takes 4V6 yards 35-inch fab ric. ' This easy-to-use pattern gives perfect fit. Complete, illustrated Sew Chart shows " 1 you every step. . ;' Send THIRTY - FIVE cents in coins for this pattern add 5 cents for each pattern for 1st class mailing. Send to Marian Martin, care r of The Medford Mail Tribune, Pattern Dept. P.O. Box 6740, Chicago 80, 111. Print your NAME; ADDRESS, SIZE and STYLE NUMBER. McCarthy Treated For Elbow Infection Washington--JEU.R) Sen Joseph R. McCarthy (R-Wis.) entered the Naval Medical Center at nearby Bethesda, Md., yesterday for treatment of an infected elbow. i McCarthy did not appear on the Senate floor during debate on a resolution to censure him. McCarthy's staff said he was shaking hands during a trip to Milwaukee last week end when his elbow was forced back against -the edge of a glass-topped table and was cut. The cut became infected. Texas state fair drew 2,382,712 persons in 1953. ZEE napkins make late snack? Mctke 1 iT"!lSK J t it easy to get easy to dean Vi33 wW 68g tjmmm - Rrfhdcrf party? Get ZEE In assorted colors for table dressmp. They cost do mora. FootbaHptcnic? Take plenty of ZEE. 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