Choy v. Otaguro

DISSENTING OPINION OP

BANKS, J.

I am unable to agree with the majority of the court regarding the proposition of law upon which the reversal of the judgment in the instant case is based.

When the defendant’s counsel sought on cross-examination to elicit from the plaintiff testimony which was material to his client’s defense it was incumbent upon him to frame the question in such a manner as to render it free from legal objection.-. This he did not do. The question was open to the obvious objection that it assumed as facts two things concerning which there was at the time it Avas propounded no…