Mississippi Central Railroad v. Dacus

Citations

• 97 Miss. 768
• 53 So. 351

Syllabus

<p>1. Witnesses. Impeachment. Immaterial issues. Material issues.</p> <p>While a litigant may not contradict the testimony of his adversaries’ witness upon an immaterial issue, drawn out on cross-examination, he may do so where the testimony was upon a material issue.</p> <p>2. Evidence. Objections. Must be specific. Statement only part admissible.</p> <p>An objection to testimony, part of which is admissible and part inadmissible, may be overruled, since specific objection must be made to the inadmissible part.</p> <p>3. Railroads. Case.</p> <p>Where, on the issue whether a conductor kicked plaintiff off his train, a flagman on direct examination testified that he called the conductor’s attention to plaintiff’s presence on the rear of the train and saw plaintiff get off, and on cross-examination denied having stated in the presence of a third person that the con-, ductor kicked plaintiff off the train and that plaintiff had a good cause of action, the testimony of the third person was -admissible to contradict that of the flagman, on a material issue.</p>