Citations
- 77 A.D. 547
Full opinion text
Kellogg, J.:
- This action charges the defendant with negligence in permitting :a log of wood to remain on the roadside which plaintiff alleges frightened her horse, and for not providing a barricade to an •embankment upon the roadside. One of the contested questions in the case was as to the log of wood, whether or not it was, as charged in the complaint, “ a frightful object and was an object well calculated to alarm and frighten horses that might be driven along said .highway.”
The plaintiff had proved that the log was moved the day after the accident by one Winchell to some point on the opposite side of the highway. A witness by the name of Floyd Winchell was called by defendant to describe the log as it lay at the time of the accident No question was asked him by defendant as to removing the log. On cross-examination counsel for plaintiff asked: “Q. You and your father took the log out of the road the following day % A. Yes, sir. [Objected to as incompetent, immaterial and improper, and ask it be stricken out.] The Court: It may stand. [Excep tion taken.] * * * Q. What did you move it for ? [Objected to as incompetent, immaterial and improper.] The Court: It is