Cox v. Waltz

Counsel for defendant set up four principal grounds of error, to-wit: that the court erred—

First, in refusing to permit defendant to testify as a witness in his own behalf;

Second, in the rejection of certain evidence;

Third, in various, particulars in the charge; and

Fourth, in failing to direct a verdict for the defendant.

We will discuss them in the order named.

First. It is claimed that defendant should have been permitted to testify in this action notwithstanding the language of §11495 GC, even though Mrs. Hastings did not die as a result of the accident, because if the action had been for…