Siefring v. Marion

The record in this personal injury action is replete with errors and trial misconduct so prejudicial to the rights of the defendants as to require a new trial.

It was improper for the trial court to inquire as to and receive, without qualification, over the objections of both defendants, the testimony as to the statement of a mechanic that the first obligation of one of the defendants, “if [she] is a nurse * * * is to little girl [the plaintiff] that’s in your ear that was hurt”. The statement, made sometime after the accident, was inadmissible hearsay. (See Richardson, Evidence [9th ed.], §…