Prestbye v. Kliphardt

At the close of defendants’ case the plaintiff called as the first witness in rebuttal, B. L. Archer. After a few preliminary questions had been ashed of the witness, Archer, counsel for defendants objected “to any testimony on this line on the ground it is not proper rebuttal.” Whereupon one of counsel for plaintiff stated:

“We expect to show in direct rebuttal to the evidence of several witnesses for the defense who have attempted to show that there was plenty of room south or east of the pavement so that a car could have been driven over further and entirely off the pavement. We expect this…