Hunt ex rel. Hunt v. Wooten

The defendants concede with commendable candor the sufficiency of the plaintiff’s evidence to make out a case of actionable negligence on their part. They lay claim to a new trial, however, on the ground that the presiding judge committed reversible error in admitting testimony, in failing to submit an issue of contributory negligence, and in charging the jury.

As a general rule, an appellant must establish these three propositions by the ease on appeal to obtain a new trial for error of the trial judge in admitting evidence:

1. That he objected to the admission of the evidence in the trial…