Wofford v. DeVore

Defendant appeals from the judgment of the Circuit Court of Madison County entered upon a jury verdict in the amount of $11,000. Defendant contends that the circuit court committed reversible error (a) in the giving of an instruction to the jury; (b) in refusing to permit a witness called by defendant to testify; (c) in its rulings as to certain portions of plaintiff’s opening argument; (d) in refusing to permit defendant’s counsel, in closing argument, to argue the failure of plaintiff to produce a witness.

The evidence shows that at approximately 1:30 a. m. on Sunday morning, an automobile…