Aston

Application by defendants for a new trial in an action for libel, wherein verdict and judgment were for plaintiff.

[1] While numerous errors are assigned, hut one is urged upon the attention of the court as entitling defendants to a new trial. This error is based upon the claim that the court admitted before the jury evidence in behalf of plaintiff as to his good character or reputation without the same having been first attacked by the defendants; and it is contended that the court therein Violated a fundamental rule of evidence applicable to cases of this character, which should entitle defendants to have the judgment set aside. The basis of the alleged error is this:

During the presentation of the evidence of one Wilsey, the witness had testified that he had employed the plaintiff, a civil engineer, to make an engineering report for him on the character and availability of the properly of the Blue Lakes Water & Power Company on the Mckekrame river — a property that had become incidentally involved in the inquiry — -with a view of using such report for the purpose of promoting a sale of the property to financiers in Europe. He was then asked;

To this question the general…