Fernandez v. Di Salvo Appliance Co.

TAYLOR, J. pro tem. *

This is an appeal from a judgment rendered in favor of defendants on a jury verdict in a personal injury action. It is urged by plaintiffs that the trial court committed prejudicial error in allowing a witness on redirect examination to read into evidence his prior consistent statement contained in a traffic accident report.

The facts disclose that on May 23, 1956, plaintiff † was operating his motorcycle in an easterly direction on Moorpark Avenue near its intersection with South Monroe Street in the city of San Jose, California. At the same time, defendants’ pickup truck…