Kroetch v. Empire Mill Co.

Citations

• 9 Idaho 277
• 74 P. 868
• 1903 Ida. LEXIS 36

Syllabus

<p>Nonsuit — ¡When Granted — Amendments to Pleadings — Evidence—. Comment on by Judge — Offer of Compromise — Exhibits—Introduction on Cross-examination.</p> <p>1. It is reversible error to grant a nonsuit where plaintiff has made a prima facie case.</p> <p>2. Under sections 4228 and 4229, Revised Statutes, great liberality must be exercised in allowance of amendments to pleadings.</p> <p>3. Trial judges should make no comment in the presence of the jury upon the weight of evidence or credibility of witnesses.</p> <p>4. The law favors settlements and compromises of controversies, and evidence of offers or overtures to compromise should not be admitted against a party making such offer or overture.</p> <p>5. The practice of allowing a party to identify and introduce exhibits on cross-examination of his adversary’s witness, should only be allowed where the exhibit contradicts something the witness has testified to upon his examination in chief or is intimately connected with something about which he has testified in chief.</p> <p>(Syllabus by the court.)</p>