Grandell v. Tyler

specially concurring:

I concur in the affirmance of the judgment and agree with the majority that Exhibit 6 was properly excluded from evidence. However, I feel that said exhibit was inadmissible for reasons other than those assigned in the majority opinion.

Parties who offer evidence impliedly and necessarily request that the same be considered by the judge or jury in determining the matters in issue. A party offering evidence vouches therefor. In C. B. & Q. R. R. Co. v. Roberts, 35 Colo. 498, 84 Pac. 68, this court said:

“ * * * The plaintiff, by calling him as his witness, vouched for his…