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Atkinson v. Atchison

June 6, 1952

ATKINSON
v.
ATCHISON, TOPEKA & SANTA FE RY. CO. LEE ET AL. V. ATCHISON, TOPEKA & SANTA FE RY. CO.



Murrah

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

These actions were brought in the United States District Court of New Mexico to recover damages for personal injuries sustained when the automobile in which the plaintiffs were riding collided with a switch engine, alleged to have been negligently operated by the defendant The Atchison, Topeka and Santa Fe Railway Company. The defendant denied negligence and affirmatively pleaded contributory negligence. Diversity of citizenship and the amount in controversy resolved jurisdiction. Upon trial, the jury returned a verdict in favor of the defendant Railway Company, and plaintiffs have appealed.

The sole question presented on appeal is whether the trial court abused its discretionary control over the scope and extent of cross-examination of appellant Clara Lee, the driver of the automobile.

The pertinent questions propounded to the appellant Clara Lee on cross-examination and her answers thereto, are as follows:

"Q. Do you consider yourself a careful driver? A. Yes Sir.

"Q. Do you always watch ahead. A. Yes Sir.

"Q. And see where you are going? A. Yes Sir.

"Q. Do you always do that and take care as you are proceeding along the highway? A. Yes Sir.

"Q. And you were driving with your customary care at the time, is that right? A. Certainly.

"Q. Do you know a man named Mr. Willis Hobbs? A. Mr. Willis Hobbs? No, Sir.

"Q.Mr. Willis Ezra Hobbs, do you recollect that name? A. No Sir.

"Q. Do you recall meeting him on July 1, 1951, on State Highway 260, about four ...


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