Goldstein v. Pacific Home Ins.
Goldstein v. Pacific Home Ins.
Opinion of the Court
delivered the- opinion of the court.
To sustain the issues on his part, the plaintiff called Ralph Feeney, who testified that he was the agent who solicited and effected the insurance for the company and delivered the policy to the plaintiff. He also testified that, acting as agent for the defendant, he issued to the plaintiff a written permission to be attached to the policy authorizing the removal of the insured property from 242 Burnside Street to the two-story frame shingle roof building at No. 33 North Second Street, where the fire occurred. On cross-examination the attorneys for the defendant propounded several questions to Feeney designed to show that, prior to the time of issuing the permit mentioned, he had been discharged from the service of the insurer. The court sustained the objection of plaintiff to these questions on the ground that the testimony sought to be elicited was incompetent, irrelevant and immaterial, and not proper cross-examination. The question is presented in several different forms, but they all amount to the same thing.
“Upon an appeal from a judgment, the same shall only be reviewed as to questions of law appearing upon the transcript, and shall only be reversed or modified for errors substantially affecting the rights of the appellant. * * ”
The judgment is therefore affirmed. Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.