Martin v. McCray

Supreme Court of Pennsylvania
Martin v. McCray, 171 Pa. 575 (Pa. 1895)
33 A. 108; 1895 Pa. LEXIS 1344
Dean, Fell, Green, McCollum, Mitchell, Pee, Sterrett, Williams

Martin v. McCray

Opinion of the Court

Pee Curiam,

There is nothing in either of the assignments of error to warrant a reversal of the judgment. In the first, the subject of complaint, is that “the court erred in not instructing the jury to disregard entirely” the improper and irrelevant testimony, elicited by the plaintiff’s cross-examination of the defendant, recited therein. This admittedly improper testimony was immediately stricken out by the learned trial judge on motion of *577defendant’s counsel. He thus promptly did all be was asked to do, and should not be convicted of error for not doing more. As to the second assignment, the court was clearly right in sustaining the objection and excluding secondary evidence of the contents of the bill shown to be in existence, but not produced.

Judgment affirmed.

Reference

Full Case Name
John Martin v. Michael McCray
Status
Published
Syllabus
Practice, C. P.—Striking out testimony—Trial. Where a trial judge at the request of defendant immediately strikes out improper and irrelevant testimony, elicited by the plaintiff’s cross-examination of defendant, he cannot be convicted of error for not instructing the jury to disregard the testimony entirely, when he has not been requested to give such instruction. Evidence—Secondary evidence—Bill for goods sold. Secondary evidence of the contents of a bill for goods sold is inadmissible whore it appears that the bill is in existence, but has not been produced at the trial.