Weissbach Et Ux. v. Price

Opinion by

Mr. Justice Stern,

In the trial of this action in 1936 for damages arising from an automobile accident in 1932, the wife plaintiff, Mrs. Weissbach, was asked upon cross-examination whether she had had any other accident either before or after the one in suit, and she replied in the negative. For some reason, not appearing of record,, a juror was thereafter withdrawn and the case continued. When it came up again for trial in 1937 Mrs. Weissbach was not interrogated as to any other accident. The jury rendered a verdict in favor of plaintiffs. Defendant moved for a new trial, the chief…