Mabley v. Kittleberger

Mabley brought an action of trespass on the case for unlawfully breaking and injuring his advertising wagon. Defendant owned a team and truck, and the claim made was that the driver had so carelessly and negligently ■driven this team, or permitted it to be driven by a boy, as to cause the injury charged.

The 1st, 2d and 4th assignments of error relate to the refusals of the court to permit counsel for the plaintiff to show conversations between the driver of defendant’s team and third parties shortly after the injury, as evidence tending to show a recognition by the driver that his negligence…