Opinion

Maddox v. Gulf, Colorado & Santa Fe Railway Co.

  • 293 S.W.2d 499
  • 1956 Tex. App. LEXIS 1770
Court
Court of Appeals of Texas
Filed
Jul 6, 1956
Status
Published
Author
Boyd
On the bench
Massey, Renfro
Cited by
27 cases

The opinion

*508 BOYD, Justice

(dissenting).

I think the judgment should be reversed and the cause remanded because of the refusal of the trial court to permit appellants fully to cross-examine the witness McGal-liard, which action is reflected by the record and the bill of exception and is clearly explained in the opinion of this court.

The right to cross-examine a witness who has testified for the adverse party is a right given by law and not a mere privilege to be accorded or withheld by the trial court. 70 C.J., p. 611, sec. 779B, and cases cited in Note 33; 58 Am.Jur., p. 340, sec. 611. The purpose of cross-examination is to weaken the adversary’s case. One legitimate method of doing that is to discredit his witnesses or draw from them admissions which might affect their credibility. Evidence which might tend to lessen the weight of testimony from adverse witnesses is as clearly admissible as evidence which would constitute a complete refutation.

The employment of the witness by a party to the suit is a proper subject of inquiry. It may or may not affect his credibility. That determination is for the triers of the facts. 70 C.J., p. 974, sec. 1172(2), and Note 70. The right to show a witness’ business connection with a party is as clear as the right to show that he is a kinsman of the party, or even his spouse.

I think the court’s holding in this case extends the doctrine of harmless error in a direction and to an extent not contemplated by the authors of Rules 434 and 503 and not comprehended by the rules themselves.

That admissible evidence, which is relevant and material to the issue under investigation, ought to be admitted, is self-evident. From the proposition that under our procedure the exclusion of competent and material evidence is harmless error, I dissent. If it is the law, I protest.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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