135 A. 293 | Conn. | 1926
The plaintiff seeks to recover damages for injuries incurred by her while walking upon a sidewalk through tripping upon a wire attached to a post on the inside of the sidewalk and extending across it. Upon the trial plaintiff offered in evidence a photograph taken eight months after her accident to show the substantial identity of some parts of the locus, as well as the post to which this wire had been attached. The photograph was not offered to show that the wire represented in the photograph as extending from one of the posts was the same wire upon which plaintiff fell, or that the sidewalk therein represented was in the same condition, or the snow and leaves thereon the same as at the time of the accident. While the court in admitting it stated that the photograph was admitted as a full exhibit, the jury could not, we think, have understood that its admission was for broader purposes than those of the offer which had just been made in their presence. Defendant objected to its admission as portraying the physical conditions existing at the time of the accident. A preliminary ruling as to the admission of a photograph is within the discretion of the court, and unreviewable unless exercised unreasonably. Harris v. Ansonia,
There is no error.
