Bonnet v. Glattfeldt

Citations

• 120 Ill. 166

Syllabus

<p>1. Evidence—cross-examination—of its scope, and limitations. In an action to recover the price and value of labor and materials in rebuilding a foundry that had been injured by-fire, the defence being, that the work was done in an unskillful manner, a brick mason, called by the plaintiff, was, on cross-examination, asked “if all the defective portions of the west wall were taken down before they commenced to rebuild it, ” which question the court disallowed, as not being proper cross-examination: Held, that the question might properly have been allowed, but as the defendants had the right to call the witness in chief, the error worked no substantial injury.</p> <p>2. Same—excluding a repetition of a witness’ testimony as to the same fact. There is no material error in refusing to allow a witness to answer a particular question intended to elicit a fact which he has already testified about, when it appears that the party has the benefit of the proposed testimony from the witness’ answers to other questions.</p> <p>3. Same—refreshing witness’ memory—as to the use of original entries, or a copy of them. ■ The copy of a writing or account, as well- as the tiriginal, may be referred to by a witness, if his memory, refreshed thereby, enables him to testify from his own recollection of the original facts, independently of his confidence in the accuracy of the copy; but he is not allowed, in such case, to read from the copy. The original entries, if shown to be correctly made, may be read in evidence, but not a copy of them.</p> <p>i. In case the witness does not merely speak of the memorandum as being correctly copied from his book, or say he has no recollection except as appears from the paper, but testifies that it is a correct account, this will imply that he testifies from independent recollection. In such case, the extent of his recollection, and how far he depended on the memorandum, may be tested by cross-examination.</p> <p>5. Pbactice—recalling witness—discreti