Ryker v. Dickey

Plaintiff’s automobile collision damage action was defeated by the verdict of a jury. He contends the trial court erred' in refusing a new trial upon his showing that he was taken by accident and surprise in the testimony of his principal witness, who was mentally befogged from an overdose of sleeping powder. Though this was only the first of plaintiff’s nine witnesses, he failed during the trial to profess surprise.

It is the duty of the party surprised, immediately upon discovery thereof, to take the proper steps to continue or delay the trial in order to protect his interests. He may not…