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Parks, a patron of Delta Theatre, after watching the motion picture, started to descend a carpeted stairway leading to the men's room. He fell when
Parks, a patron of Delta Theatre, after watching the motion picture, started to descend a carpeted stairway leading to the men's room. He fell when halfway down the stairs and broke his leg. Two months later, he sued Delta for his injuries, alleging that his foot had caught in a tear in the carpet, which he could not see in the dim light, and that Delta had negligently permitted the carpet to remain in its dangerous condition. Delta denied there was any defect in the carpet and alleged that Parks had fallen because he was intoxicated. The following evidence was admitted at trial: 1. Parks introduced testimony of Ward that Ward was at the bottom of the stairway when Parks fell and that an unknown person rushed down the stairway to Parks and said, "I saw you trip on that tear in the carpet. Are you hurt?". Assuming that in each instance, all appropriate objections were made, did the court err in admitting items of evidence? Discuss
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