Hauser v. Griffith

1 I. The allegations are that the injuries were caused by kicking, and by beating and bruising with the fist. The court permitted the plaintiff to show, against objection, that his wife was living at the time of the injury, and was not living at the time of the trial. Complaint is made of the ruling. As the record appears in this court, the facts are immaterial. Appellee, in argument, says it was done to account for her absence as a witness, because she would have been a material witness as to plaintiff’s condition after the injury. The difficulty in that respect is that the record does not…