Fishman v. Scheuer

Memorandum. Plaintiff’s ward was struck by defendant’s automobile as she was crossing the middle of a busy, crowded, city street. At trial, defendant produced an eyewitness to the accident who testified that the ward ran off the sidewalk and into the path of defendant’s oncoming vehicle. The plaintiff contends that defendant was improperly permitted to bolster *504the testimony of this witness by evidence of a prior consistent statement. On cross-examination, plaintiff attempted to impeach the witness by use of a prior statement in which the eyewitness maintained that the ward was "crossing” the…