Richard Groce, Administrator and Prosequendum of Thomas H. Kohnow, Sr., Deceased v. Frank A. Seder and George Porch

HASTIE, Circuit Judge.

This action for wrongful death in a highway accident resulted in a jury verdict and a judgment for the defendants from which the plaintiff, the administrator of the deceased, has appealed. The only question which requires discussion is whether the court interrogated one of the plaintiff’s witnesses in such a way as unfairly to discredit the witness and prejudice the plaintiff’s case.

The witness, a very deaf man, had stopped his car at the scene of the accident shortly after its occurrence. Indeed, his vehicle had collided, although without appreciable force or damage,…