Kelly v. Weir

This appeal presents for review a judgment entered upon a verdict in favor of the plaintiff, as well as an order denying the defendant’s motion for a new trial on the judge’s minutes.

• The case was submitted on printed briefs and without oral argument, and we are asked to consider certain exceptions taken upon the trial to rulings of the trial judge.

One of these exceptions presents a very serious- question, and we content ourselves- at the outset with a- statement of the facts relating particularly thereto. -

When this case was reached for trial on the 15th of' June,. 1896, an application was…