This section contains the nature of the case and procedural background.

The autos of both D and P collided, and both cars were damaged. P instituted an action to recover a money judgment and D answered denying liability and asserted a counterclaim against P for damages to his car. At trial, P offered his own testimony and that of a mechanic who repaired the car and then rested. At the conclusion of D's proof P called three witnesses (all passengers in his car). D objected, and the evidence was excluded as not proper rebuttal. The jury rendered a verdict for D and P appealed.

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