Pearce v. Barham, 527
| Decision Date | 06 July 1966 |
| Docket Number | No. 527,527 |
| Citation | 267 N.C. 707,149 S.E.2d 22 |
| Parties | Marion Ruth PEARCE v. Beulan P. BARHAM, Administratrix of Calvin W. Barham, Deceased, and DollyBarham. |
| Court | North Carolina Supreme Court |
Everett, Creech & Hicks, by Robinson O. Everett, Raleigh, for plaintiff appellant.
Dupree, Weaver, Horton, Cockman & Alvis, by E. T. Dupree, Jr., Jerry S. Alvis, Raleigh, for defendant appellees.
Three issues were raised by the pleadings: (1) Did the plaintiff suffer injury and damage as a result of the defendant's negligence? (2) Did the plaintiff, by her own negligence, contribute to her injury? (3) What damage, if any, is the plaintiff entitled to recover? Only evidence which had bearing on these issues and tended to aid the jury in finding the proper answers to them should have been admitted at the trial. Rules of evidence furnish the guidelines by which the presiding judge shall determine what shall be admitted to the jury for its consideration in finding the answers to the issues. Gurganus v. Guaranty Bank and Trust Co., 246 N.C. 655, 100 S.E.2d 81; DeBruhl v, State Highway and Public Highway Commission, 245 N.C. 139, 95 S.E.2d 553.
The law recognizes that evidence, when of slight value, may be excluded because the sum total of its effect is likely to be harmful. Stansbury states the rule: 'Even relevant evidence may, however, be subject to exclusion where its probative force is comparatively weak and the likelihood of its playing upon the passions and prejudices of the jury is great.' N.C. Evidence, 2d Ed., § 80, p. 175. Sanders v. George, 258 N.C. 776, 129 S.E.2d 480; Modern Electric Co. v. S. E. Dennis, 259 N.C. 354, 130 S.E.2d 547; Godfrey v. Western Carolina Power Co., 190 N.C. 24, 128 S.E. 485.
The court, over objection, permitted the defendant to introduce evidence of the son and daughter which paramounted issues not raised by the pleadings. The harmful effect is obvious. The relevant facts in this case are those which bear on the intestate's negligence, the plaintiff's contributory negligence, and the plaintiff's damages.
By introducing evidence tending to show the intestate forced the plaintiff to re-enter the Ford just before the accident, the defendant contends that evidence of prior associations and relationships became admissible as tending to show the plaintiff was not a captive at the time of the accident. The weakness in the argument is two-fold: (1) There is no allegation and no issue raised that the plaintiff was other than a passenger. (2) Prior conduct disassociated from the operation of the vehicle was not the test by which to determine negligence or contributory negligence in causing the wreck. The plaintiff was married and living with her husband. The intestate and his personal representative were separated. The evidence tended to permit the jury to try the parties rather than the issues raised by the pleadings.
Conceding the defendant was within her rights in cross-examining the plaintiff with respect to her relationships with the intestate on the ground that it tended to impeach her testimony as a witness, nevertheless these were collateral matters, and her answers were conclusive. 'Ordinarily, the answer of a witness on cross-examination concerning collateral matters for purposes of impeachment is conclusive, and he may not be contradicted by other evidence.' In Re Gambell, 244 N.C. 149, 93 S.E.2d 66; State v. Roberson, 215 N.C. 784, 3 S.E.2d 277.
The defendant may not contend the evidence of the son and daughter was admissible to contradict the plaintiff on the collateral subject of prior relationships of the parties. The only defense to an action for damages resulting from actionable negligence is the contributory negligence of the injured party...
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State v. Johnson
...be excluded when its prejudicial effect outweighs any probative force it may have upon the issues before the Court. Pearce v. Barham, 267 N.C. 707, 149 S.E.2d 22 (1966); Electric Company v. Dennis, 259 N.C. 354, 130 S.E.2d 547 (1963); State v. Foust, 258 N.C. 453, 128 S.E.2d 889 (1963). See......
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State v. Fortney
...N.C. 294, 67 S.E.2d 292 (1951), or of such weak probative force that it was outweighed by the likelihood of prejudice, Pearce v. Barham, 267 N.C. 707, 149 S.E.2d 22 (1966); Modern Electric Company, Inc. v. Dennis, 259 N.C. 354, 359, 130 S.E.2d 547 This Court's reluctance to apply blindly th......
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State v. Johnson
...the probative force is weak compared to its likelihood of playing upon the passions and the prejudices of the jury. Pearce v. Barham, 267 N.C. 707, 149 S.E.2d 22 (1966); 1 The trial judge instructed the jury in this case that the state's evidence linking defendant to other rapes in the vici......
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State v. Cross
...so, the question was improper since the State was bound by defendant's answer that he had not assaulted Denise Myers. Pearce v. Barham, 267 N.C. 707, 149 S.E.2d 22 (1966); State v. King, 224 N.C. 329, 30 S.E.2d 230 (1944); 1 Stansbury's N.C. Evidence, Brandis Rev. §§ 48, 111, at 139, 342 (1......