Martin v. Adams

Groff, J.,

This is a motion for a new trial, for which the plaintiff assign six different reasons. We have examined them all and find no virtue in any of them, unless it be the first one. All the reasons, therefore, except the first one, will be dismissed without discussion.

The first reason assigned is: “The court erred in refusing to admit in evidence in rebuttal the testimony of Esther Rottmund that she had heard the defendant say, immediately after the accident, that he had not seen the plaintiff approaching.”

*455The record shows that the defendant’s attention was not called to this fact when…