Colvin v. Wilson

Citations

• 100 Kan. 247
• 164 P. 284
• 6 A.L.R. 859
• 1917 Kan. LEXIS 303

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault — Action for Damages — Evidence — Reputation of Plaintiff for Truth and. Veracity- — Judicial Discretion. Where in the trial of an action to recover damages for alleged assaults by defendant upon plaintiff the defendant introduces the testimony of several witnesses to contradict statements made by the-plaintiff on cross-examination concerning matters collateral to the issues, the court may in the exercise of its sound discretion permit the plaintiff in rebuttal to prove her good reputation for truth and veracity in the community where she resides. On the facts stated in the opinion there was no abuse of judicial discretion in the admission of such rebuttal testimony.</p> <p>2. Assault — Civil Action — Evidence — Character of Defendant. In a civil action the character of a party is not admissible evidence to disprove the act with which he is charged.</p>