Crawford

The Court.

The instant appeal by defendant is from a judgment that was rendered in favor of plaintiff in an action for damages for personal injuries which were caused by a collision that occurred between an automobile in which at the time of the accident plaintiff was riding as a guest of the owner thereof, and another automobile which at said time was owned and operated by defendant.

[1] The first point urged by appellant as a sufficient reason for the reversal of the judgment is that, in the course of the redirect examination of one of the witnesses produced by plaintiff, said witness stated that "she had been told that defendant was 'covered by one of the largest insurance companies that should make a good settlement'".

It appears that during the cross-examination of the witness, over the objection of counsel for plaintiff, a statement that had been signed by the witness prior to the time of trial was introduced in evidence for the purpose of impeaching certain testimony that had been given by the witness on her direct examination. On her redirect examination, it was developed that the statement then in question had been written by an agent for an insurance company in which…

The petition for rehearing of this appeal is denied. Complaint is made that this court’s opinion filed in our decision of the case did not discuss appellant’s assignment.of error of the trial court in denying the motion for a new trial, with reference to the proposed testimony of newly discovered witnesses. We think that the testimony in question is in substance only cumulative to that of other witnesses who testified at the trial. Appellant at that time knew of the existence and identity of these additional witnesses, but had not been able to locate them. It may well be that- a continuance, if a motion therefor had been made, would have been granted. But no such motion was made. We think that the court was not guilty of any abuse of discretion in denying the motion for a new trial.

A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on February 7, 1935.

Preston, J., voted for a hearing.

The instant appeal by defendant is from a judgment that was rendered in favor of plaintiff in an action for damages for personal injuries which were caused by a collision that occurred between an automobile in which at the time of the accident plaintiff was riding as a guest of the owner thereof, and another automobile which at said time was owned and operated by defendant.

The first point urged by appellant as a sufficient reason for the reversal of the judgment is that, in the course of the redirect examination of one of the witnesses produced by plaintiff, said witness stated that “she had been told that defendant was ‘covered by one of the largest insurance companies that should make a good settlement’ ”.

It appears that during the cross-examination of the witness, over the objection of counsel for plaintiff, a statement that had been signed by the witness prior to the time of trial was introduced in evidence for the purpose of impeaching certain testimony that had been given by the witness *736 on her direct examination. On her redirect examination, it was developed that the statement then in question had been written by an agent for an insurance company in which plaintiff…