Legal Opinion

McLaughlin v. Mencke

Court of Appeals of Maryland

Decided November 22, 1894PublishedCited by 31 opinions

Appeal from Baltimore City Court. This was an action by the appellee to recover damages for an injury alleged to have been caused by the negligence of the driver of defendant’s wagon. The driver was offered as a witness by the defendant,'and was asked on cross-examination whether he had been sent to jail under a charge or conviction, and for what offence. To the ruling of the Court (Wright, J.), allowing these questions to be asked, the defendant excepted.

1Opinion of the CourtFowler, J.

The record in this, case is very unsatisfactory, and does not properly, if at all, present the question which was argued, inasmuch as it does not appear whether the appellant was injured by the ruling complained of. The only exception taken by him, so far as the record discloses, is to certain questions addressed during cross-examination to the witness Jacob Lutz. These questions were asked for the purpose of discrediting the witness, and in answer to them he admitted that he had been tried and sentenced by a magistrate within a month preceding to serve a short term in jail for drunkenness.…

2Cases cited5 opinions

  1. Real v. . the PeopleNew York Court of Appeals · 1870
  2. Clemens v. ConradMichigan Supreme Court · 1869
  3. State v. MillerSupreme Court of Missouri · 1890
  4. Smith v. StateCourt of Appeals of Maryland · 1885
  5. State v. O'BrienSupreme Court of Iowa · 1890

3Cited by31 opinions

  1. Foster v. StateCourt of Appeals of Maryland · 1985
  2. Nelson v. SeilerCourt of Appeals of Maryland · 1927
  3. Ricketts v. StateCourt of Appeals of Maryland · 1981
  4. Burgess v. StateCourt of Appeals of Maryland · 1931
  5. Duffy v. StateCourt of Appeals of Maryland · 1926

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