Carmody v. Aho ( 1957 )

Frank T. Gallagher, Justice

(dissenting).

While I agree that cases like this should not be permitted to develop into a “trial by experts instead of by witnesses,” it is my opinion, under the situation here, that Mr. Justice Thomas Gallagher has satisfactorily distinguished Beckman v. Schroeder, 224 Minn. 370, 28 N. W. (2d) 629, and that the matter of admitting the expert testimony in the case at bar was within the discretion of the trial court. I believe that, in the exercise of that discretion, trial courts will not permit a so-called “expert” to run rampant where there is no foundation laid as to special or scientific knowledge of the subject matter beyond that of an average person. We have a situation here where the evidence was limited with reference to the place on the highway where the two cars came in contact and it seems to me that permitting a witness with Mr. Lee’s training, qualifications, and experience to testify was discretionary with the trial court under the circumstances.