Smilay v. Sage

Maurice D. Smilay, plaintiff, brought suit against the administrator of the estate of Robert E. Sage, deceased. In tbe declaration it is alleged that defendant’s decedent intentionally1 shot and wounded plaintiff with a loaded revolver. In his opening statement, counsel for plaintiff also claimed that decedent made an assault upon the plaintiff with a loaded revolver with the intention of shooting and wounding plaintiff and caused him large medical expenses, loss of earnings and much pain and suffering. At the trial plaintiff was asked by his counsel what happened at the time of the shooting…