Service Fire Insurance v. Lederman

On the trial the mother of plaintiff Hryniewicki, who was riding with him at the time of the accident, was a witness on his behalf. Her testimony tended to show that her son was not negligent.

On cross-examination she was asked without any objection questions which would indicate that she had previously instituted an action against her son for her own injuries based on negligence. While there was some equivocation in her answers in this respect, the jury could have found from her testimony in the record without objection that she had authorized her lawyer to institute such an action. Among…