Wilcox v. Berry

E. H. Wilcox sued Jess G. Berry and Violet A. Berry for personal injuries assertedly sustained in an accident resulting from the operation of an automobile by Mr. Berry at a time when his codefendant was not present. Mr. Berry could not be found for service of summons, and Mrs. Berry’s appeal from the judgment rendered against her presents only the question as to her liability for the damages suffered by the plaintiff.

Upon the trial the court received, over Mrs. Berry’s objection, a statement assertedly made by Mr. Berry at the time of the accident to the effect that he could not stop the…