LENCHARD v. FRIEL

TRIAL, § 177 — when refusal to rescind agreement to send exhibits to jury room warranted. In action by motorist to recover for injuries sustained when defendants' street car collided with rear of plaintiff's automobile at street intersection, where reports of two police officers, one for each party, and report made by plaintiff to his insurance company, were admitted in evidence under agreement of opposing counsel that said reports should be taken to jury room, and after closing arguments of counsel, defendants sought to rescind the agreement and withhold reports from jury on ground that they were admissible only for purposes of impeachment, held that trial court was justified in refusing to rescind the agreement of the parties and in permitting said reports to be taken to jury room.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed June 15, 1945; additional opinion filed and rehearing denied June 26, 1945; released for publication June 27, 1945.