Johnson v. Smitz

Two questions are presented on this appeal.(1) Plaintiffs complain that the trial court erred in excluding certain evidence offered by them in rebuttal. We find no error.

A few minutes after the accident, Deputy Sheriff Euting and another officer arrived on the scene and made the customary investigation. A little later Deputy Sheriff Schreck also arrived. At the trial, one Ellingson, a bystander at the place of the accident, testified that shortly after the accident he overheard plaintiff Plymoth Johnson tell Deputy Schreck that “When he came over the hill the traffic ahead of him stopped…