Stillwell v. State Industrial Accident Commission

SCHWAB, J. (Pro Tempore).

The single issue submitted to the jury in the court below was: “Did the plaintiff suffer an accidental injury arising out of and in the course of her employment by the Linnhaven Nursing Home on or about the 18th day of February, 1964?” The jury answered in the affirmative and defendant commission appeals on the ground that “the court erred in sustaining plaintiff’s objection to defendant’s question put to the plaintiff on cross-examination which sought to elicit a prior oral statement inconsistent with plaintiff’s testimony on direct examination.”

The pertinent portion…