Martin v. Wilcox
Martin v. Wilcox
Opinion of the Court
Affirmed.
Dissenting Opinion
(dissenting).
After a jury verdict for the plaintiff, the trial court granted defendant’s motion for new trial on the ground that the court improperly permitted plaintiff’s expert witness to testify as to certain meteorological records which were not introduced into evidence, and in permitting the same expert to express an opinion as to weather conditions at the accident scene based upon such records, and to permit into evidence certain posed photographs offered by the plaintiff for the purpose of showing the lighting conditions at the time of the accident, although the photographs were taken at a different time of the year and under different weather conditions. In entering the order the trial court made no finding that the alleged errors had resulted in a miscarriage of justice.
Assuming that the admission of such evidence was error, a point upon which I express no opinion, it is manifestly clear after an examination of the entire record
Case-law data current through December 31, 2025. Source: CourtListener bulk data.