Gorman v. New England Telephone & Telegraph Co.

One of the key factual issues in this case was whether the automobile that collided with the utility pole was operated by the plaintiff or by one Delude. The latter was somewhat a phantom witness since, although he was present in court, he was not called to testify by the plaintiff’s counsel or by counsel for either defendant. Inasmuch as the evidence was highly conflicting, cross-examination was vigorous and the case was tried for nine days by competent counsel, it may be assumed that- all counsel exercised good judgment in not calling this witness. There was evidence that the plaintiff had…