Virginia Electric & Power Co. v. Decatur

Two juries have passed upon the material evidence in this case. Each jury returned a verdict for plaintiff.

It appears that C. D. Smith, plaintiff’s decedent, made two inconsistent statements as to who was driving the automobile in which he was riding at the time he received his fatal injuries. Defendant claims that on the day of the accident Smith informed policeman Houston that he was driving the car. Policeman Nowitzky testified that some two days after the accident Smith told him Sears was driving the car. On the first trial the court admitted in evi*163dence both of the declarations claimed…