POTTER v. BAKER

No. 33954.

162 Ohio St. 488 (1955)

POTTER, APPELLEE AND CROSS-APPELLANT, v. BAKER, JR., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided February 2, 1955.


Attorney(s) appearing for the Case

Messrs. McAfee, Grossman, Taplin, Hanning, Newcomer & Hazlett, Mr. Douglas Wick and Mr. H. V. E. Mitchell, for appellee and cross-appellant.

Messrs. Baker, Hostetler & Patterson and Mr. William L. Calfee, for appellant and cross-appellee.


TAFT, J.

In determining whether the Court of Appeals' judgment should be affirmed, for the reasons stated in its order of reversal, the question is whether the Common Pleas Court erred in sustaining defendant's objection to the proffered testimony of plaintiff that a bystander had stated, "God, he rushed the light." The exclusion of the statement of a bystander that "I never saw her" has not been relied upon by plaintiff in arguing that the judgment of the Court of...

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