Howland v. Oakland Consolidated Street Railway Co.

Citations

• 115 Cal. 487
• 47 P. 255
• 1896 Cal. LEXIS 1037

Syllabus

<p>Negligence—Collision of Electric and Horse Cars—Evidence—Condition of Electric-oar—Improper Cross-examination—Reference to Testimony in Another Action—Error not Cured.—Upon the trial of an action for alleged negligence of the defendants in causing a collision of an electric motor car and a horse-car, whereby plaintiff was injured, where one of the controverted questions relates to the defective condition of the brakes upon the electric-car, where a witness for the defendant had testified that he was the car repairer for the defendant owning the electric-car, and that its brakes were in good condition on the day of the accident, it is error to allow the plaintiff, on cross-examination, to ask if the witness had not been told that the motorman had testified, in another action, that the brakes were out of order, the witness not having referred to the motorman, nor to his testimony, on the direct examination; nor is such error cured, or rendered harmless, by a direction to the jury that they were not to consider as evidence any statements of counsel as to what testimony was given on a previous trial, which omits .to tell them that there was no competent evidence before them of what the evidence on that trial was.</p> <p>Id.—Nervous Condition of Plaintiff—Irrelevant Evidence of Another Inquiry.—It is error to permit plaintiff to be examined as to irrelevant particulars of his injury from another collision, for which defendants were not responsible, as explanatory of his alleged nervous appearance at the time of trial.</p> <p>Id.—Improper Suggestion of Judge as to Evidence—Intimation of Opinion to Jury.—It is improper for the judge in denying a motion to strike out testimony given before a jury to suggest that the testimony may stand “for what it is worth,” that expression being liable to be taken by the jury as an intimation that, in the opinion of the court, the evidence was of little consequence.</p> <p>Id.—Opinion of Expert—Hypothetical Question—Facts not Detailed—