O'Rourke v. Vennekohl
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. The court erred in refusing to give the instruction asked for by the defendant in regard to distrusting the evidence of a witness who has sworn falsely in part. The instruction asked for has been uniformly upheld. (People v. Sprague, 53 Cal. 491; Farwell v. Meyer, 35 Ill. 41; Chicago etc.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. The court erred in refusing to give the instruction asked for by the defendant in regard to distrusting the evidence of a witness who has sworn falsely in part. The instruction asked for has been uniformly upheld. (People v. Sprague, 53 Cal. 491; Farwell v. Meyer, 35 Ill. 41; Chicago etc. R. R. Co. v. Buttolf, 66 Ill. 347.) The motion for a new trial on the ground of newly discovered evidence should have been granted, as…
1Opinion of the CourtVan Fleet, J.
Action for damages for personal injuries. Verdict and judgment were for plaintiff, and from the judgment and order denying a motion for new trial the defendants appeal.
1. The court refused the following instruction requested by defendants: “If you shall find that the plaintiff has willfully misstated any fact concerning which she has been interrogated, then her testimony in ■other respects should be distrusted, and the jury may in such case disregard the whole of her evidence. So, also, if you shall find that any witness examined upon behalf of the plaintiff has willfully misstated any fact *256co…
2Cases cited1 opinion
- People v. TreadwellCalifornia Supreme Court · 1886
3Cited by10 opinions
- Brea v. McGlashanCalifornia Court of Appeal · 1934
- State v. FlemingIdaho Supreme Court · 1910
- Isaac & Rebecca Thomas v. GatesCalifornia Supreme Court · 1899
- Roe v. SnyderWashington Supreme Court · 1918
- Jones v. FosterCalifornia Court of Appeal · 1931
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