Dawson v. Olson

I must respectfully dissent from the opinion of the majority.

Each of the grounds relied upon by the majority — the refusals to admit Reece’s testimony, exhibit 1, and the chart showing average stopping distances, and the refusal to clarify an instruction given — are matters which, in the past, have been matters for the discretion of the trial court.

“ ‘The determination of the question whether evidence is or is not too remote is for the determination of the trial court and it is clothed with wide discretion in this regard.’ ” Blankenship v. Brookshier, 91 Idaho 317, 322, 420 P.2d 800, 805…