Ritter v. Gibson

Plaintiff, appellee, was riding his mule along the right outside edge of the road. Defendant was driving his automobile truck in the same direction. The forward end of the truck came into collision with the hind end of the mule, killing the mule and injuring the plaintiff. Hence the judgment here presented for review.

Thomas Stein, a witness for plaintiff, was in the close vicinity of the accident, and testified as to what happened. Defendant reserved exceptions when the court sustained plaintiff’s objections to questions as follows: “Did he” (meaning defendant) “have the car under control…