Johns Undertaking Co. v. Hess-Strickland Transfer & Storage Co.

The complaint contained counts based on simple negligence and wanton conduct. The trial was without a jury, and resulted in judgment for plaintiff.

The question, “I will ask you, then, did the driver of the truck at the time and place, and immediately after the accident, state to you that he couldn’t stop the truck?” was not proper for impeachment, in the absence of a predicate. Lester v. Jacobs (Ala. Sup.) 103 So. 682. And where evidence is admissible for one of two or more purposes, within the issues, and is offered without restriction or limitation to the purpose for which it is admissible,…