Joseph v. Griesman Trucking Co.

The trial court committed prejudicial error (1)-in excluding proof of prior statements by defendant’s chief witness relating to the subject-matter of the action and inconsistent with his testimony at the trial, and (2) in preventing plaintiff’s counsel from laying the foundation to prove such claimed contradictions. Plaintiff’s counsel repeatedly stated that he was offering the proof solely on the issue of the witness ’ credibility and not as binding on the defendant. Any such statement made orally or in writing, if contradictory of a material part of the witness ’ testimony, may, if properly…