Home-Riverside Coal Mining Co. v. Fores

Citations

• 64 Kan. 39
• 67 P. 445
• 1902 Kan. LEXIS 158

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Evidence — Error in Excluding Testimony on Cross-examination. On cross-examination of a party plaintiff, in an action for personal injuries, sustained by him while working in a coalmine, he identified written statements he had signed and delivered to his employer, showing that he had worked in the mine for several weeks after the accident. The court refused to receive these statements in evidence, because the witness had testified on direct examination that these reports, so made, were for work done for him by another person. Held, error.</p> <p>2. - Written Instruments — Argument to Jury. The admission of written instruments in evidence carries with it the right of counsel to discuss their pertinence and weight as evidence before the jury. A denial of such right is equivalent to the exclusion, in the first instance, of the proof admitted.</p>