Rix v. Rix

The defendant signed a statement procured by one Swift in which she declared: “The cause of the accident was the locking of the gears on my car.” At the trial she testified: “I started to turn around to go home ... I started out in first,. . . and commenced to turn, and put it in second. . . . But when I threw her in second she seemed to get away from me . .. [Mr. Swift] suggested himself that the gears had locked. ... I haven’t said the cause of the accident was the gear locking. I didn’t say that... I must have put my foot on the accelerator, because she went so quick.”

A witness testified…