Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 133

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 133

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: the defendant, whose testimony in the main, if not wholly, was upon that point. The jury's attention was directed sharply to that issue of fact. The motion for a peremptory instruction for the defendant, and for judgment upon the pleadings, based upon the theory of the issue now advanced by appellant, were properly overruled. While the defendant was testifying, he was required on cross-examination to answer the question whether he carried a policy of insurance against accidents of that kind. Before another witness had been introduced, the court receded from his ruling on that point. This appears in the bill of evidence: "The court said to the jury that on yesterday the plaintifi asked of the defendant if he didn't carry an insurance policy against loss or liability of this character. On motion all the testimony of the defendant pertaining to such policy is now withdrawn fromthe jury, and the court admonished the jury to disregard all that testimony and not consider it for any purpose in the consideration of this case." The record does not show upon whose motion the matter was withdrawn. Nor does it appear that the evidence could have been very material in any event. On his re-examination before the matter was withdrawn, appellant was questioned and answered thus: "Q. _You have been asked about insurance against suits for malpractice. I will Vol. 133-30 ask you if the terms of your policy cover any damages that may be recovered in a case like this?.. Not in the slightest." 'We see no cause to suspect that the jury would have disregarded the witness' answer, or did not obey the subsequent admonition of the court. The error was probably harmless in the first place, and was cured in the more

Product details

  • Paperback | 298 pages
  • 189 x 246 x 16mm | 535g
  • English
  • Illustrations, black and white
  • 1236893727
  • 9781236893727