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Evidence Keyed to Sklansky
Leake v. Hagert
Citation:175 N.W.2d 675 (N.D. 1970)
The plaintiff was operating a tractor when he was rear-ended by the defendant. The plaintiff suffered injuries and his tractor and plow were damaged. The plaintiff argued that the defendant had been driving negligently and carelessly. The defendant argued that she was not negligent and that the plaintiff’s injuries were due to the plaintiff’s negligent operation of the tractor. During the trial, the defendant was allowed to propose testimony from a witness who claimed that the plaintiff’s son told him that the red lens of the tractor had been broken for some time. The plaintiff argued that this testimony violated the rules of evidence.
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