Tellefsen v. Key System Transit Lines

DRAPER, J. Plaintiff sought damages for injuries suffered while he was a passenger on a train of defendant corporation. At the end of the line in Berkeley, the train struck the terminal bulkhead. The sudden stop threw plaintiff, in a sitting position, into the seat in front of him. He “had the feeling of being propelled back and forth between the seats,” and “ended up between the seats on the floor.” Judgment was entered upon jury verdict for $62,282.69 against defendant corporation and its motorman. Defendants’ motion for new trial was denied, and they appeal.

The principal injury claimed by respondent is atrophy of a portion of the brain. Appellants contend that the evidence is insufficient to establish a causal connection between the accident and this condition. They argue that respondent’s principal medical witness based his testimony that the cerebral atrophy resulted from this accident upon the assumption that respondent suffered a blow to the head, whereas, they say, respondent’s testimony does not support the view that he received such a blow. But we are required to view the evidence in the light most favorable to the verdict (Jordan v. Guerra, 23 Cal.2d 469, 476 [144 P.2d 349]; 4 Cal.Jur.2d 449). So viewed, the record supports neither of appellants’ premises. The neurosurgeon testified that such atrophy could result from “shaking or a blow.” And respondent’s testimony on deposition, relied upon by appellants to negative the occurrence of a blow to the head, does not have this effect. Rather, respondent testified that he was not “aware of” striking his head. In view of the force with which he was thrown about in the train, as well as his testimony that he was stunned, the jurors could reasonably conclude that in fact his head forcibly struck the seat ahead of him, as he testified at trial. At most, there is a conflict of evidence, and the resolution of conflicts is for the jury, rather than the appellate court.

The neurosurgeon called by respondent testified on direct that he was on the staffs of two hospitals. On cross-examination, he was asked “have you attempted to get on the staff” of another hospital, and answered “No, not recently.” As part of their case, appellants called the business manager of the latter hospital, and offered to prove through him that the doctor had applied for such appointment and [246]was not accepted. Respondent’s objection to this offer was sustained, and appellants urge this ruling as error. The offer was properly rejected. Appellants now suggest that in some way the doctor’s failure to gain admission to this staff reflects upon his qualifications as an expert. To the extent that the offered testimony might have such effect, it would be obvious hearsay. To the extent that the testimony was competent, it was wholly collateral to any issue in the case. The cross-examination as to membership on this staff did not go to the doctor’s credibility, as he had not claimed such membership on direct. At most, the cross-examination was designed to elicit an answer which could be contradicted. But one who cross-examines upon irrelevant matters solely for the purpose of eliciting something to be contradicted is bound by the answer (Trading v. California Navigation etc. Co., 121 Cal. 137, 145 [53 P. 644]; Estate of Gird, 157 Cal. 534, 548 [108 P. 499,137 Am.St.Rep. 131]; Sales v. Bacigalupi, 47 Cal.App.2d 82, 87 [117 P.2d 399]; 27 Cal.Jur. 107).