Sayner v. Sholer

OPINION

CARMODY, Justice.

The jury returned a verdict in favor of the defendant in this personal-injury action and, following the entry of judgment, plaintiffs appeal.

The sole issue is the claimed error of the trial court in allowing a witness to testify to a conversation had with defendant’s decedent some twenty-four hours after the accident. Appellee claims the error, if any, was waived.

A collision occurred between a station wagon driven by defendant’s decedent and a motor bike operated by the plaintiff, Franklyn Sayner. As is usual in such cases, the testimony was in considerable conflict.…