Bartell v. Del Cook Lumber Co.

Felton, Chief Judge.

The general grounds of both motions were expressly abandoned. Special ground 1 (of both motions) excepts to the trial judge’s refusal to permit the plaintiffs to cross examine in rebuttal the truck driver, Samuel Odom, as agent of the defendant corporation, after both sides had rested, and his ruling that he might be called only as a witness for the plaintiffs.

“In order to expedite the trial of cases, it is a rule of practice that the plaintiff shall in the opening present all of his evidence which goes to establish his case; the defendant shall then introduce his evidence…