Stinson v. Payne

There was prejudicial error in permitting plaintiff to lay before the jury his manifestations evidencing claimed physical condition about a month after the accident. The claimed weakness and crying of plaintiff could readily have been simulated. The rule of exclusion prevents the piling up of evidence so easily fabricated. The plaintiff and his physician had a right to lay before the jury the extent, nature and consequences of the injuries received, but plaintiff had no right to call others to establish his demonstrations of physical disability. The cases cited by my Brother condemn the…