reversing trial court’s decision to preclude cross-examination of plaintiff regarding misstatements made in an affidavit filed in the same case
How later courts described this case
- reversing trial court’s decision to preclude cross-examination of plaintiff regarding misstatements made in an affidavit filed in the same case
- "It requires no expert testimony to enable a jury to infer that in the ordinary course of events and if due care is used the mast of an excursion boat does not snap off, otherwise the patrons of such boats would be few."
Written by the judges who cited it.
The opinion
CONCURRING OPINION OP
MIZUHA, J.
I believe restriction of cross-examination as to the truth of statements made by plaintiff in an affidavit filed in this case was prejudicial error requiring reversal, and solely on that basis concur in this judgment.