Wade v. Thayer
California Supreme Court
The facts are stated in- tbe opinion. Appear from District Court of tbe Sixth District, City and County of Sacramento. First — On tbe trial, tbe defendant in rebuttal placed several witnesses on tbe stand, and offered to prove by them tbat Barret, Gruce, Newbouse and O’Connor, witnesses who bad been sworn and examined for defendant, were present at tbe time of tbe difficulty. Tbe Court refused to permit tbe testimony to be given.
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The facts are stated in- tbe opinion. Appear from District Court of tbe Sixth District, City and County of Sacramento. First — On tbe trial, tbe defendant in rebuttal placed several witnesses on tbe stand, and offered to prove by them tbat Barret, Gruce, Newbouse and O’Connor, witnesses who bad been sworn and examined for defendant, were present at tbe time of tbe difficulty. Tbe Court refused to permit tbe testimony to be given. Several witnesses for plaintiff bad testified tbat those witnesses were not present, and it was clearly in rebuttal to sbow tbat tbey were; beside, tbe testimony…
1Opinion of the Court
Crockett J.,
delivered the opinion of the Court; Temple, J., Wallaoe, J., and Bhodes C. J., concurring;
The plaintiff sues to recover damages for an assault and battery alleged to have been committed on him by defendant Thayer, who is the keeper of a hotel, and by the other-defendants, who were his servants and employees — the one as clerk and the other as porter of the hotel. The plaintiff recovered a judgment for $1,250, and the defendants, having moved for a new trial, which was denied, now prosecute this appeal. There was evidence at the trial tending to show that the plaintiff, in…
2Cases cited1 opinion
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