Myers v. Rose

CRAIL, P. J.

This is an appeal from a judgment in favor of the plaintiff in an action for personal injuries arising out of a collision between an interurban car and an automobile with a trailer. The plaintiff was operating a passenger car propelled by electric power in an easterly direction near the intersection of Main Street and Palm Avenue on the north and Poplar Boulevard on the south in the city of Alhambra, and the defendant was operating a large truck and trailer proceeding in a westerly direction on Main Street. The defendant attempted to turn to his left into Poplar Boulevard at the intersection.

The cars of the Pacific Electric were upon a private right-of-way, which intersected the street at this point. The truck

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driven by the defendant cleared the southerly of the two double tracks of the railway company, but the trailer did not get across and was hit by the electric car operated by the plaintiff. The alleged negligence consists in the operation of the truck and trailer in such a manner as to have caused its collision with the car of which plaintiff was motorman. The right-of-way was unpaved, except at the crossing, and the tracks were unballasted, with the exposed ties and “T” rails projecting their full height above the level of the ground. The tracks were utilized by an interurban track line. On either side of Poplar Boulevard the railroad was operated on its private right-of-way.

Defendant complains that upon redirect examination of the plaintiff the following questions and answers were permitted by the court: “Q. Does he as instructor give you instructions how to operate your car? A. Yes. Q. Have you been given any instructions as to the rate of speed at which you were to cross this intersection? [Objected to by the defendant as incompetent, irrelevant and immaterial and upon the further ground that any instruction by the Pacific Electric Railway Company would be hearsay so far as this defendant is concerned.] By the Court: Overruled. A. About twenty miles per hour.” But the matter had been opened up and gone into by counsel for defendant on cross-examination prior to this. “Q. [By the defendant.] You have orders, don’t you, as to how to operate your train along this particular track? . . . Isn’t it a fact that you were instructed not to proceed across this intersection at a speed greater than fifteen miles per hour? A. No, sir.” Under the circumstances the plaintiff was entitled to a reasonable opportunity to inquire into the instructions on redirect examination. Upon redirect examination it is proper to permit the witness to state facts and circumstances that tend to correct or repel any wrong impressions or inferences that might arise on the matters drawn out on cross-examination.