Dorr M. Thayer v. Walter B. Glynn, 106 A. 834, 93 Vt. 257 (Vt.1919)
The plaintiff offered in evidence a photograph of the scene of the accident in which was shown a horse and wagon headed toward Bellows Falls and an automobile headed in the opposite direction. These objects had been placed by some one acting in the plaintiff's interest, and it was claimed that they were located just as the plaintiff's evidence tended to show the [93 Vt. 260] team and automobile were at the time of the collision. The photograph was objected to on the ground that the team and automobile were not the ones involved in the accident and because the photograph amounted to nothing more than an experiment. No other objection was specified, and, when the photograph was admitted, the exception was limited to the ground stated. An experiment is not necessarily to be excluded. Whether made in or out of court, it may, in the discretion of the court, and subject to some administrative requirements, be admitted.
Related Articles
T.H. Leland v. D.R. Leonard, 112 A. 198, 95 Vt. 36 (Vt. 1921)
The value of photographs and photographic enlargements of questioned signatures and documents is everywhere recognized. [95 Vt. 38] It is attested by this Court in Rowell v. Fuller's Estate, 59 Vt. 688, 10 A. 853. They must be properly verified, to ...
State v. Brown, 515A.2d 1059, 147 Vt. 324 (Vt. 1986)
The admission of demonstrative evidence is within the discretion of the trial court and, in the absence of abuse, we will not overturn the trial court's decision. Viens v. Lanctot, 120 Vt. 443, 448, 144 A.2d 711, 715 (1958); State v. Winters, 102 Vt. ...
State v. Findlay, 765 A.2d 483, 171 Vt. 594 (Vt. 2000)
The court, moreover, did not abuse its discretion in admitting the yearbook photograph. [171 Vt. 598] The admissibility of photographic evidence is largely a matter of discretion for the trial court. See State v. Colby, 139 Vt. 475, 478, 431 A.2d ...
State v. Mahlon J. Gravelle, 89 A.2d 111, 117 Vt. 238 (Vt. 1952)
Models, maps, plans and photographs belong, in the law of evidence, to the same class, and are admissible only when properly verified. That is to say, preliminary evidence is required to show that they are sufficiently accurate to be helpful to the ...
State v. Blakeney, 408 A.2d 636, 137 Vt. 495 (Vt. 1979)
It is the settled law of this state that "counsel should confine argument to the evidence of the case and inferences properly drawn from it, and must avoid appealing to the prejudice of the jury." State v. Lapham, 135 Vt. 393, 406, 377 A.2d 249, 257 ...