Agate v. Dunlevy

Opinion by

Mr. Justice McBride,

Plaintiff was injured as the result of being struck by a bicycle ridden by the minor defendant. The case was for the jury and the only questions before us have to do with alleged trial errors.

It would appear that at the end of plaintiff’s evidence but before he had rested his case, plaintiff’s counsel, at side bar, told the court he would “like to call the defendant as on cross-examination.” The court refused to permit this to be done, saying “I state for the record that earlier today in the course of trial I asked you specifically whether you were finished in…