Jacobson v. General Baking Co.

Plaintiff’s prima facie case was predicated wholly upon the negligence of the driver in leaving the horse untied and unattended and not upon the ground that the horse was vicious. On cross-examination defendant’s witness, the driver, was asked: “After the accident, didn’t you make a remark to the officer that you had had trouble with this horse before? ” He answered: “ I don’t know.” The plaintiff, in rebuttal, then adduced evidence from the officer, over defendant’s objection and exception, that the driver after the accident admitted to him that the horse was a troublesome one and that he…