Taylor v. McGrath

This was an action by appellant, by his next friend, against appellee, to recover damages to appellant’s bicycle, received in a collision with appellee’s wagon, on a public highway, as the result of alleged negligence on the part of appellee.

Judgment was rendered in the court below in favor of appellee. The only error assigned is that the court erred in overruling the motion for a new trial. '

The first question discussed brings in review the action of the trial court in relation to the examination of the witness Burla J. Durbin, as to his competency and the exclusion of his evidence. The…