Evidence as to Damages — Compromise Offer — Repair of Truck — Review on Appeal — Objection Not Made Below.
On an issue as to the amount of damage to plaintiff's truck trailer received in a collision, evidence as to a compromise offer of settlement made by plaintiff before the truck was repaired was properly excluded.
In an action on account of damage to plaintiff's truck trailer resulting from a collision, held that the evidence showed that the repairs made, on which the plaintiff's claim was based, were reasonably necessary.
In an action for damages on account of injury to plaintiff's truck trailer resulting from a collision, it could not be objected on appeal that, since an allowance for the loss of the use of the truck and trailer during the making of repairs on the trailer was not claimed in the declaration, it should not be included in the verdict, there being in the record no exception presenting that question.
Decided November 1st, 1935.
URNER, J., delivered the opinion of the Court.
Unreported cases.