McAndrews v. Leonard

Lee K. Robinson, the plaintiff in the companion case mentioned in the foregoing statement, arising out of the same accident, was called as plaintiff’s first witness in her opening case. He testified that after the accident, while he was in the Rutland Hospital, he and the defendant occupied adjoining beds and that they discussed the accident, and that the latter then told the witness “how he thought it might have happened.” The witness then being asked what the defendant said about that, objection was made for immateriality, and also, particularly, for that the witness had not said that…