Charon v. Windingland

A rehearing was granted and the whole case has been reargued.

It was strenuously contended that the trial court erred in denying plaintiff’s motion to reopen the case and submit testimony of an expert witness as to the plaintiff’s mental capacity. This motion was made over a month and one-half after the trial had been completed. In a memorandum decision concerning this motion, the trial court states: “Now this case had been running along, tried at different times piecemeal and the parties finally rested and after the case was closed this application was made to produce this so-called expert…