Beck v. Philadelphia Automobile Trade Ass'n
Beck v. Philadelphia Automobile Trade Ass'n
Opinion of the Court
Opinion by
The defendant held an annual automobile show in the city of Philadelphia. The plaintiff, for a number of years, was the defendant’s.secretary and manager of the show, and for his services as manager received a commission of five per centum on the net profits as realized. For the year 1912 the admitted net profits were $49,800 in cash; the plaintiff received all but $10.00 of the commission due him on this amount. He claims that in addition to the cash net profits there should be added the value of the show material after its use in the 1912 show, as a portion of the cash net profits was used in purchasing this material. The plaintiff testified as an expert. It appears from the evidence that he had some knowledge of the value of all this material except the columns and matting; that he sold some of the same lot after the show was over. His testimony excluded the articles, the worth of which he did not know. The mere fact that the witness was the plaintiff would not disqualify him. The same qualifications apply to him as they would to any other witness, and where a witness is called to give an opinion and it appears that he has some knowledge of the thing in question, the extent of this
The defendant presented a counterclaim against the plaintiff for commissions on the show’s advertising contracts, charged to have been wrongfully taken' by the plaintiff while in the defendant’s employ. In an attempt to develop this counterclaim on cross-examination, the plaintiff was asked what was meant by a certain minute appearing on the books of the committee. The answers tended to show that the allowance of the commission was for the show’s committee. The witness, on redirect examination, was asked if he had received commissions from the show’s advertising contracts in years prior to 1912; the 1912 advertising contract being made in the same manner as the advertising contracts in previous years, for which years plaintiff received a commission. The proper interpretation of this minute was to be found in the manner in which these previous advertising contracts were handled. This re-direct examination, assigned for error, was proper in view of the cross-examination. As a general rule it is improper to permit a defendant to interject a defense on cross-examination: Bohan v. Avoca Borough, 154 Pa. 404. Where this has been permitted, the plaintiff is entitled, on re-direct examination, to correct any wrong impression left in the minds of the jury. It also appears that this commission of twenty-five per centum, received by the plaintiff, alleged to be wrongfully taken, was known to the treasurer of the show committee and to the board of directors. The latter body made an investigation of this charge, and after hearing, gave the plaintiff a letter clearly exonerating him from wrongdoing. The second assignment of error is overruled.
Charles T. Ashman, a witness for the defendant, was
Judgment affirmed at the cost of the appellant.
Reference
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- Beck v. Philadelphia Automobile Trade Association
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- Syllabus
- Evidence — Witnesses—Plaintiff as his own expert — Discretion of court — Review—Cross-examination. 1. The plaintiff in an action may testify as an expert witness for himself. The same qualifications apply to him as they would to any other witness. 2. Where a witness is called to give an opinion, and it appears that he has some knowledge of the thing in question, the extent of this knowledge necessary to found an opinion and its applicability to the matters in hand, are questions largely within the discretion of the trial court, and unless abused to the injury of the complaining party, this discretion will not be disturbed. 3. Where a witness called as an expert testifies as to the value of certain decorating material and furniture which had been used for a short time in an automobile show and testifies that they were worth only one-twentieth of the value fixed by expert witnesses for the other side, he may, on cross-examination, be asked for the purpose of testing his credibility, the original cost of the material in question. The allowance of such, a question is not such an abuse of discretion on the part of the trial judge as would amount to reversible error. Evidence — Interjection of defense on cross-examination — Redirect examination. 4. As a general rule it is improper to permit a defendant to interject a defense on cross-examination; but where this has been permitted the plaintiff is entitled, on redirect examination, to correct any wrong impression left in the minds of the jury.