Barber v. Anderson

On Motion for Rehearing.

In our original opinion we held that the trial court had properly overruled appellants’ objections to the testimony of George E. Kelley, a witness for appellants, who was asked by counsel for appellee if he did not tell a Mr. Padgett shortly after the accident that he thought the accident was unavoidable, on the ground that the driver of said truck did not see the child, and that the child did not see the driver, until they were right together, to which the witness answered, “Yes, sir, I told him they could have seen each other, but I didn’t know why they didn’t. They…