Jones v. Berry

COLEMAN, Justice.

This is a suit for damages growing out of an intersectional collision. The trial court entered a judgment for the defendant based on a jury verdict.

Appellants assert that the trial court erred in refusing to admit the testimony of an eye witness, after the close of the defendant’s case, on the ground that the testimony was part of the plaintiffs’ case in chief and was not proper rebuttal testimony. Appellee contends that this ruling of the trial court was correct, but that if the court was in error, it was not shown to be so prejudicial as to require a reversal of the case.…