Hays v. Richardson

JENNINGS, Justice.

Appellants’ motion for rehearing presents this question: Where the lower court allegedly erred in admitting evidence, is an appellant precluded from raising the error in this Court if not raised on a motion for new trial in the court below? We held, in the original decision Hays v. Richardson, 95 Ariz. 64, 386 P.2d 791, that appellants were so precluded. Contrary to that decision, we do not think so now.

The facts briefly stated are that appellant Ralph Hays and appellee Alice Richardson were involved in an automobile accident. As a result of the accident the investigating…