Fortenbery

This action was brought to recover damages for personal injuries suffered by the plaintiff as the result of defendant’s negligence in the driving of an automobile. The appeal is from the judgment entered in favor of the plaintiff. The injuries received by the plaintiff were incidental to a collision between her automobile and the automobile of the defendant. One of the witnesses, Mrs. Clare Hansen, testified to some of the circumstances surrounding the accident, but her testimony did not include any statement or estimate of the speed of the cars, or of either of them. On the contrary, she said that she did not notice the speed. On cross-examination counsel for defendant asked this witness some questions concerning the speed at which the cars were moving at the time when she observed them. The witness replied that she did not remember and was not able to estimate the speed. Thereupon appellant, after exhibiting to the witness a paper which had been signed by Mrs. Hansen a few days after the date of the accident, offered the document in evidence. The court sustained the objections of the plaintiff to this evidence on the ground that it was hearsay and not admissible for the purpose…