Ammerman v. Utilities Oil Corp.

Evidence sufficient to sustain a finding of defendant’s negligence and of plaintiff’s freedom from contributory negligence was presented. Affirmance of the judgment would follow, were it not for prejudicial error committed.

The plaintiff had settled with another party claimed by him to have been jointly liable with this defendant and had received the sum of $500. This fact was elicited on plaintiff’s cross-examination for the purpose, as indicated by defendant’s counsel, of mitigating the amount of recovery against this defendant. For such purpose the evidence was entirely competent (Knapp v.…