French v. Seattle Traction Co.

Citations

• 26 Wash. 264
• 66 P. 404
• 1901 Wash. LEXIS 639

Syllabus

<p>EVIDENCE-IMPEACHING TESTIMONY-ADMISSIBILITY IN REBUTTAL.</p> <p>Although declarations made by an agent several weeks afielan accident would be inadmissible for the purpose of establishing the principal’s liability, yet evidence thereof in rebuttal is admissible for the purpose of impeaching the agent’s testimony by showing that he had made statements out of court contradicting those made by him while on the witness stand.</p> <p>SAME-HEARSAY-KNOWLEDGE OF EARNING CAPACITY.</p> <p>Where a witness testifies, in an action to recover for personal injuries, that she knows of her own knowledge the earning capacity of plaintiff, and states what it is, such knowledge will not he presumed as acquired by hearsay, as against her positive statement, merely because she does not detail the sources from, which her knowledge is derived.</p> <p>TRIAL-INSTRUCTIONS-COMMENT ON EVIDENCE.</p> <p>Where references to the evidence, made by the court in its charge to the jury, do not amount to an explanation or criticism of the evidence, nor assume that a particular fact is proven thereby, such comment is not in violation of § 16', art. 4, of the constitution, which prohibits judges from commenting on the evidence.</p> <p>SAME-REFUSAL OF REQUESTED INSTRUCTIONS.</p> <p>The refusal of the court to give a requested instruction is not error, where all that is material in the requested instruction is given by the court in its own language.</p>