McFadden v. Santa Ana, Orange, & Tustin Street Railway

Citations

• 87 Cal. 464
• 25 P. 681
• 1891 Cal. LEXIS 1005

Syllabus

<p>Negligence — Injury to Wife — Contributory Negligence of Husband.— Contributory negligence of the husband is imputable to the wife, and will prevent a recovery by-irer for injuries sustained by the alleged negligence of a third party.</p> <p>Id. —Damages for Personal Injury. — Chose in Action — Husband and Wife — Community Property. — The' right to recover damages for a personal injury, as well as the money recovered as damages, is property, and may be regarded as a chose in action; and if acquired by the wife during marriage, is community property, which the husband has the . right to control.</p> <p>Id. — Action for Damages — Parties — Husband and Wife. — The husband is a necessary party to an action for damages on account of injuries to the wife’s person.</p> <p>Id. — Evidence —• Cross-examination — Injury — Summoning Physician. — Where the plaintiff has testified upon direct examination as to the injury suffered by her and the pain immediately resulting therefrom, she may be asked on cross-examination as to whether she called a doctor that night.</p> <p>Id — Expert Evidence—Consultation of Physicians — Cross-examination as to Conclusion and Treatment. — Where a physician, as an expert, has testified in chief that he visited the plaintiff about two weeks after the injury, and held a consultation with the attending physician, and that he examined the patient as to her condition and the probable causes of her ailments, it is proper cross-examination to ask what they determined was the serious1 thing to attend to, and what was the treatment advised.</p> <p>Evidence—Range of Cross-examination.—The cross-examination of a party, or of an expert, should be allowed a liberal range, touching all matters testified to in chief, or tending to test the temper, bias, motives, intelligence, accuracy, credibility, or means of knowledge of the witness.</p>