Tucker v. Donald

Citations

• 60 Miss. 460

Syllabus

<p>1. Evidence. Cross-examination as to immaterial matter. Impeaching testimony. Practice.</p> <p>It is admissible to cross-examine a witness as to matters collateral or immaterial to the issue involved in the case, though it is not allowable to impeach his testimony in reference to such matters. But where the court permits such cross-examination against objection, and then admits in evidence impeaching testimony which is not objected to, no error can be predicated of the court’s action on either point.</p> <p>2. Same. Medical book, Admissibility thereof.</p> <p>In the trial of a case involving a question as to the effect of paralysis on the human arm, it is improper for the court, where objection is made, to admit as primary evidence an extract from a medical book, such as Oopeland’s Medical Dictionary, no matter how highly it may be esteemed as an authority by the medical profession.</p>