Cornwell v. Keithley

DAVISON, Vice Chief Justice.

Plaintiff in error was plaintiff in the trial court and appeals adverse judgment for defendant in a wrongful death action. Trial court designations will he used. Judgment was entered on jury verdict. In the course of preparation of the record on appeal it became known that a part of the testimony of an expert witness appearing for defendant could not be included in the record because of loss of part of the related stenographic notes. Supplemental motion for new trial, asserting inability to prepare a record on appeal, was heard and denied by the trial court.…