Electro Lift, Inc. v. Miller Equipment Company

The record contains twenty-six exceptions to the exclusion of evidence the defendant sought to introduce. Typical of these exceptions is the following:

“ExceptioN #13 (R p 32):

“Q. Mr. Miller, what was the contract price that you had for the construction of the kiln at Gnadenhutten?

“(Witness would have answered: ‘$368,563.37 was the total contract price.’) (Witness’ answer included apart from Court’s supervision.) ”

Each of the other exceptions to the excluded evidence is in that form. It is an invariable rule that where the court sustains an objection that it will not be considered unless the…