Beattie v. Great Atlantic & Pacific Tea Co.

A head-on collision occurred between an automobile driven by plaintiff and a red truck owned by defendant. The sole issue as to negligence was which car was on the wrong side of the road. Plaintiff testified that she was always on the right side. Defendant claimed she was on the left side, attempting to pass another car. The case was submitted to the jury on special questions. Defendant had verdict and judgment on its cross-action.

Defendant’s counsel asked a witness whether, immediately after the collision, plaintiff had said anything about how the accident had happened. The Avitness answered…