Simmons v. Larry

Russell, Judge.

1. Special ground 1 complains of the admission of certain evidence by the plaintiff over the objection that it was testimony in her favor against a deceased person as to a transaction had by such deceased person with the party testifying, in contravention of Code § 38-1603 (1). It had been established by other evidence that the plaintiff was a guest passenger in the automobile of the deceased driver, and that the car went off the road while rounding a curve, resulting in the driver’s death and the plaintiff’s injuries. There was no question as to who was driving-—this fact was…