Butcher v. Vaca Valley Railroad
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a motion for a new trial, in the Seventh District Court, County of Solano. Wallace, J. After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
Ross, J.:
On the former trial of this cause, one Mrs. Taylor was examined as a witness on behalf of the plaintiff.
On the last trial in the Court below, it was shown on the part of the plaintiff, that Mrs. Taylor was not then in the county in which the trial was had, but was at her residence in the city of San Francisco, more than thirty miles distant from the place of trial; and thereupon the plaintiff, against the objections of the defendant, was permitted to read in evidence the testimony given by Mrs. Taylor on the former trial, as taken down by the short-hand reporter, to all of which the…
2Cited by5 opinions
- Estate of HamptonCalifornia Court of Appeal · 1942
- Reynolds v. FitzpatrickMontana Supreme Court · 1903
- Zelavin v. Tonopah Belmont Development Co.Nevada Supreme Court · 1915
- Willard v. Valley Gas & Fuel Co.California Supreme Court · 1919
- Wessling v. Southern Pacific Co.California Court of Appeal · 1931