Cunningham v. Central & Southern Truck Lines, Inc.

The majority has ordered a new trial in this case because of the trial court’s refusal to allow defendant William T. Shaver to testify and because of the claimed erroneous admission of Exhibit No. 11 prepared by Witness Carr.

Defendant for all practical purposes conceded in the trial court that Shaver was disqualified from testifying and therefore should not be permitted to raise this question in this court. At the end of plaintiff’s testimony and before plaintiff had rested his case, plaintiff, in chambers, announced to the court that he would invoke section 2 of the Evidence Act as a bar to…