Feenberg Supply Co. v. Pierce

WELCH, V. C. J.

(dissenting). I cannot concur in the majority opinion. I think the dialogue between plaintiff and the truck driver was not admissible in evidence. See Eastern Torpedo Co. v. Shelts, 121 Okla. 129, 247 P. 974; Bernard v. Grand Rapids Paper Box Co. (Mich.) 136 N. W. 374; Tuccio v. Smith (Miss.) 118 So. 195.

I take it this evidence was offered as a part of the proof necessary to establish liability, the burden being on plaintiff to prove liability by competent evidence. This evidence in my judgment was not admissible and upon its face was highly prejudicial. It tended definitely to…