Mena v. Byers
Mena v. Byers
Opinion of the Court
Appellant sued appellee, a dentist, to recover damages for personal injury to his wife, caused by the alleged negligent extraction of a tooth of appellant’s wife. Verdict was returned, and judgment rendered in favor of the defendant.
By bill of ’exception it is shown that plaintiff cross-examined one medical and two dental experts on the subject of baby teeth, a subject concerning which the defendant had raised no issue. On the cross-examination of the defendant by plaintiff he undertook to exámine defendant upon the subject particularly with reference to the disintegration or absorption of the roots of such teeth. After the cross-examination had proceeded for a time the court of its own motion stopped the same, saying:
“In the interest of time I am going to stop this baby tooth business; you may have your bill on it, but of my own motion I am going to stop any further examination.”
All of appellant’s contentions upon this appeal relate to the foregoing ruling and its accompanying remark by the trial court.
It is suggested that the court should not have stopped the examination because, without objection, three other witnesses had been cross-examined by plaintiff upon the subject, but there is no reason why such indulgence would confer the right to further examine upon the same irrelevant and immaterial matter. Brand v. Longstreet, 4 N. J. Law, 325.
It is further urged that the action and remark of the court prejudiced, appellant before the jury, as shown by the affidavit of one of the jurors attached to the motion for new trial, to the effect that — '
“He heard the court say, ‘I am going to stop this baby tooth business,’ and, further, ‘of my own motion I am going to stop any further examination.’
“Affiant states further that the remarks of the court, the attitude of the court, and the voluntary ruling of the court influenced affiant I in his decision contrary to affiant’s own views, which up to that time had been favorable to plaintiff.”
. The ruling and remark of the court was proper, and there is no reason why the juror should have been influenced thereby.
The authorities cited by appellant in support of his various contentions have been examined. They are regarded as inapplicable to the facts here presented. Finding no error, the judgment is affirmed.
<J=3For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
Reference
- Full Case Name
- Mena v. Byers.
- Cited By
- 5 cases
- Status
- Published