Panik v. Didra

Opinion by

Mr. Justice Jones,

At the trial of this action for damages for personal injury resulting from an automobile accident, the plaintiff called a witness in rebuttal to impeach a certain portion of the testimony of the defendant driver of the automobile involved. The trial judge refused to permit the witness to refresh her recollection from a writ-, ten report she had contemporaneously made of statements of the defendant- concerning the happening of the accident. The jury returned a verdict for the defendant. On the plaintiff’s motion, the court en banc awarded a new trial on the ground…