Winterton v. Illinois Central Railroad

Citations

• 73 Miss. 831

Syllabus

<p>Evidence. Admissibility. Testimony offered in rebuttal. Discretion of court.</p> <p>Where, in an action for personal injuries, the testimony for the plaintiff has shown that he was guilty of contributory negligence, and, instead of then applying for a peremptory charge, the defendant has uselessly shown the same fact, it is not an abuse of discretion to refuse to allow the plaintiff, who had not previously testified, to explain why he did the act constituting contributory negligence, such testimony not being in rebuttal.</p>