Miller v. Trans Oil Co.

The opinion of the court was delivered by

Clapp, S. J. A. D.

This is an auto accident case, raising a question of evidence. The question is this: did the trial court err in admitting the testimony of a witness, Eichard Ilollyer, that perhaps a minute before the accident and about three-quarters of a mile away from it, he was passed by a car which he described as “similar” to the plaintiff’s car and which was then proceeding toward the scene of the accident at a speed quite a bit faster than 45 miles per hour? A verdict of no cause for action was returned. Plaintiff appeals. We are concerned…