Hix v. Headrick

Carlisle, Judge.

The first special ground of the motion for new trial assigns error because the court refused to grant a mistrial on motion of the defendant because of an answer made by a witness for the plaintiff on direct examination to a question propounded to him, and the second special ground assigns error on the refusal of the court after overruling the motion for a mistrial to exclude the answer. It appears from the record in this case that there was no dispute in the evidence that the defendant’s truck ran off the paved portion of the highway and struck and killed the deceased while…