St. Louis & Iron Mountain Railroad v. Silver

This was an action on an account stated- in the petition. At the trial at Special Term before a jury, a verdict and judgment were rendered for the defendant. On appeal to General Term, the judgment was reversed and the cause remanded for a new trial, from which last judgment defendant appealed to this court.

The first objection urged by the plaintiff to the ruling of the court at Special Term, was its action in allowing defendant, on cross-examination, to interrogate the witness in respect to matters upon which he had not been examined in his direct examination.

*266In some courts the rule…