Tenorio v. Nolen

OPINION

HENDLEY, Judge.

Defendant relies on two points for reversal (1) his motion for continuance should have been sustained, and (2) an instruction on warning by a motorist to a pedestrian was misleading. The claims are not well taken.

During depositions Frankie Barela was named as a possible witness. There were two Frankie Barelas. Defendant’s counsel talked to one of them and obtained a statement concerning the accident in question. Plaintff’s counsel talked to the other, who knew nothing about the accident. Subsequently, upon inquiry, plaintiff’s counsel advised defendant’s counsel that he…