Flatauer v. Goodman

In ground 4 of the defendants’ motion for a new trial, complaint is made of the admission in evidence of the plaintiff’s testimony that the machine she purchased from the defendants was in a defective condition when it was delivered to her and never worked afterwards, although the defendants attempted to repair it on several occasions before it was returned to them, over the objection that this testimony was irrelevant, immaterial, incompetent, and highly prejudicial to the defendants.

The trial judge in his charge instructed the jury that this evidence was admitted solely for the purpose of…