Potter v. Baker

In determining whether the Court of Appeals’ judgment should be affirmed, for the reasons stated in its order of reversal, the question is whether the Common Pleas Court erred in sustaining defendant’s objection to the proffered testimony of plaintiff that a bystander had stated, “God, he rushed the light. ’ ’ The exclusion of the statement of a bystander that “I never saw her” has not been relied upon by plaintiff in arguing that the judgment of the Court of Appeals should be affirmed. That latter statement would ,be relevant only if made by defendant. His testimony is in substantial accord…