Nichols

Plaintiff suffered personal injuries while riding as a guest in an automobile driven by defendant Smith. On a trial by jury she had judgment against defendant Smith in the sum of $15,000, from which judgment said defendant appeals.

The injuries were sustained as the result of a collision between the automobile of defendant Smith and a milk truck operated by defendant Ammons for the defendant- Dairy Delivery Company. Judgment on the verdict was entered in favor of the defendants Ammons and Dairy Delivery Company and this appeal involves only the judgment, in favor of plaintiff and against the defendant Smith.

During the course of the trial it developed on cross-examination of plaintiff by counsel for the defendant Dairy Delivery Company that she had received some money from defendant Smith while she was in the hospital, which money was used to defray certain expenses. This evidence was probably admitted on the theory that the payment of the money constituted evidence of an admission of liability on. the part of defendant Smith. Plaintiff stated, however, that she received it as a loan. Mr. Loofbourow, counsel for plaintiff, subsequently pursued the subject further and elicited…