Lucht Ex Rel. Estate of Lucht v. Youngblood

(dissenting) :

I respectfully dissent' and would remand the case for a new trial because the lower court erroneously refused to *139allow counsel for the defendant to cross-examine the plaintiff relative to his prior inconsistent pleadings. In my view, the same was both erroneous and prejudicial.

The majority opinion holds that “. . . the trial judge should have permitted the cross examination on the pleadings.” It proceeds, however, to rule that the refusal to allow the cross-examination “is not reversible error,” and concludes the discretion of that issue by ruling, “. . . any impeachment would…