Atkinson v. Atchison, Topeka & Santa Fe Ry. Co.
Decision Date | 06 June 1952 |
Docket Number | No. 4425,4426.,4425 |
Citation | 197 F.2d 244 |
Parties | ATKINSON v. ATCHISON, TOPEKA & SANTA FE RY. CO. LEE et al. v. ATCHISON, TOPEKA & SANTA FE RY. CO. |
Court | U.S. Court of Appeals — Tenth Circuit |
Butts & Grosenbaugh, Hollywood, Cal., and C. Vance Mauney, Albuquerque, N. M., for appellants.
E. C. Iden and Bryan G. Johnson, Albuquerque, N. M., for appellee.
Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.
These actions were brought in the United States District Court of New Mexico to recover damages for personal injuries sustained when the automobile in which the plaintiffs were riding collided with a switch engine, alleged to have been negligently operated by the defendant The Atchison, Topeka and Santa Fe Railway Company. The defendant denied negligence and affirmatively pleaded contributory negligence. Diversity of citizenship and the amount in controversy resolved jurisdiction. Upon trial, the jury returned a verdict in favor of the defendant Railway Company, and plaintiffs have appealed.
The sole question presented on appeal is whether the trial court abused its discretionary control over the scope and extent of cross-examination of appellant Clara Lee, the driver of the automobile.
The pertinent questions propounded to the appellant Clara Lee on cross-examination and her answers thereto, are as follows:
After objection that the evidence about to be elicited was immaterial, the court admonished the jury as follows:
Counsel for appellee was then permitted over objection, to question the witness as follows:
The events thus related occurred after the accident in this action, and appellant contends that any subsequent acts of negligence on the part of the appellant Clara Lee was immaterial to the issue of negligence before the court, and that its admission on cross-examination was so highly prejudicial as to constitute reversible error.
We agree with appellant, as did the trial court, that the events and circumstances relating to a subsequent accident would have no bearing on the issue of negligence in this case, and cross-examination in respect thereto would have been improper if its purpose was to prove or disprove negligence. See Delaware L. & W. R. Co. v. Converse, 139 U.S. 469, 11 S.Ct. 569, 35 L.Ed. 213; Traders & General Ins. Co. v. Boysen, Tex.Civ.App., 123 S.W.2d 1016; Coe v. Widener, Tex.Civ. App., 122 S.W.2d 258; Oklahoma Ry. Co. v. Thomas, 63 Okl. 219, 164 P. 120, L.R.A. 1918A, 956; Rayburn v. Day, 126 Or. 135, 268 P. 1002, 59 A.L.R. 1062. But, the fact that the evidence...
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...cannot even be anticipated by him. See, e.g., Radio Cab, Inc., v. Houser, 76 U.S.App.D.C. 35, 128 F.2d 604; Atkinson v. Atchison, Topeka & Santa Fe R. Co., 10 Cir., 197 F.2d 244. See also Powers v. United States, 223 U.S. 303, 314—316, 32 S.Ct. 281, 283—284, 56 L.Ed. Furthermore a party to ......
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...that there has been a clear abuse of this discretion and an injustice done. 58 Am.Jur., Witnesses, Sec. 624; Atkinson v. Atchison, Topeka & Santa Fe Ry. Co., 10 Cir., 197 F.2d 244; Williams v. Graff, 194 Md. 516, 71 A.2d 450, 23 A.L.R.2d 106. We find no abuse of discretion. We have carefull......
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...does not make it inadmissible if otherwise relevant and material on the credibility of the witness. Atkinson v. Atchison, Topeka & Santa Fe Ry. Co., 197 F.2d 244 (10th Cir. 1952). Whether there had been a structural failure of other elevators built by Sampson could be deemed relevant to the......
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