Hines v. Blackman

On Rehearing.

At a former term of this court we reversed and remanded this case for the admission of certain testimony. Upon further consideration we are of the opinion our ruling on that point was error. Defendant in. error, in making out his case, proved his injury. Plaintiff in error proved hy a number of witnesses, in offset of defendant in error’s claim, that at the time defendant in error claims he was hurt he did not stop work, that he made at that time no complaint, and generally that defendant in error was not injured, and that what he testified to was fabricated, and that at the time his utterances were inconsistent with his statements on the stand as a witness. Defendant in error in rebuttal offered a witness to show his complaints at the time made in contradiction of the case made by witnesses for plaintiff in error. Under the circumstances the trial court properly admitted it, and the objection should not have been sustained.

We find no error in the judgment, and the motion, for a rehearing will be granted, and the judgment will be affirmed.