142 Ky. 151 | Ky. Ct. App. | 1911
Opinion op the Court by
Reversing. .
Appellee sued the city of Louisville for damages for her personal injury, caused, it is alleged, by her falling
The accident occurred in August, 1907. The suit was begun in January, 1908. The trial was had October, 1909. The defendant offered to show that the same crossing was in existence when the suit was tried, without repair or material change; if there had occurred any change the depression would show some increase. The purpose of the evidence was to admit measurements of the depression as of the date of the trial, and perhaps to have the jury view the place. But the trial court rejected the offered testimony on the ground that the period of comparison was too remote from that of the accident. The lapse of time was of itself alone not so material. It depends on the nature of the thing to be described, and the conditions to which it has been subjected in the mean
Instructions offered by the defendant were objectionable in that they were academic discussions of the law, and even, though correct, should not have been given to the jury. They were argumentative, in addition. The instructions given by the court were proper.
Reversed, and remanded for a new trial.