Samuel Freeman Miller

“ To permit a party to the suit to tell his own tale of a transaction like this, and to conceal what is important to the defendant in regard to the same occurrence, and at the same time, would be a gross perversion of justice, and would bring into discredit the policy of permitting parties to actions to testify in their own behalf. ”

“ But it was said by the supreme court of Montana, on appeal, that since the record did not contain all the testimony, the court could not see that defendants were injured by the refusal to have the questions answered. We have not before heard of such a rule in a revisory court. The furthest any court has gone has been to hold that when such court can see affirmatively that the error worked no injury to the party appealing, it will be disregarded. ”

“ We are of a different opinion. Plaintiff, offering himself as a witness to show that he was rightfully in the coach as a regular passenger under the usual conditions, told his story of how he got in at Boulder, that he was taken as a passenger by the driver, who received him as such, and that one of the defendants said he had ordered his drivers to receive him without fare. ”