Caley v. Manicke

Plaintiff sued for personal injuries and recovered $20,000.00. Defendant assigns the following errors: (1) Striking of evidence going to the issue of proximate cause; (2) Plaintiff’s ‘per diem’ argument; (3) The use of a chart in connection therewith; (4) Prejudicial statements in argument; and (5) Instructions. We will discuss them in that order with particular emphasis on the first three.

The proximate cause issue is somewhat involved. During the cross-examination of plaintiff, defendant elicited admissions that he had been involved in automobile accidents both before and after the…