Louisville & N. R. Co. v. McClish

Citations

• 115 F. 268
• 53 C.C.A. 60
• 1902 U.S. App. LEXIS 4205

Syllabus

<p>1. Witnesses — Proof of General Good Reputation — When Admissible.</p> <p>The fact that the testimony of a witness is contradicted by that of other witnesses, even in such manner that the conflict is irreconcilable, and cannot be explained consistently with the truthfulness of both sides, does not authorize the introduction of evidence to show his general good reputation for truth and veracity, which is only permissible where a direct attack has been made on the general character of a witness for truth by some recognized method of impeachment, as distinguished from an attack upon his testimony in the particular case.</p> <p>2. Railroads — Killing of Person Walking on Track — Contributory Negligence.</p> <p>The question of the contributory negligence of a person killed by a train while walking on a railroad track is not affected by a universal or general custom of people to use such tracks for footways, nor by the question whether the deceased knew that trains were due at the time; but where no question of license or public crossing is involved, and the deceased was a mere trespasser, walking upon an embankment eight feet high, the railroad company, in an action for his death, is entitled to an instruction that he was guilty of contributory negligence as a matter of law.</p> <p>8. Appeal — Review—Limitation by Exception.</p> <p>A question arising on the charge of the trial court, presented for review by an appellate court, is limited by the exception taken in the court below, and cannot be broadened by the assignment of errors or by the brief of counsel.</p> <p>4. Trial — Instructions—Matters Affecting Credibility of Witness.</p> <p>Where those in charge of the engine of a railroad train which it was alleged struck and killed plaintiff’s intestate were witnesses and testified as to the occurrence, which was in a state in which a statute made it their duty to keep a lookout, and to give warning signals, and, if possible, stop the train on discovering a person on th