Johnson v. Matson Navigation Co.

Plaintiff was employed as a bellboy on the S.S. Lurline. He brought this action under the Jones Act ( 46 U.S.C.A. § 688 ) for injuries allegedly incurred in a fall aboard ship. Jury verdict was for defendant, and plaintiff appeals from the ensuing judgment.

Appellant’s principal injury was to his back. On direct examination, he testified that he had received a back injury in a similar accident five years before. In cross-examination, he was asked about the circumstances of the earlier fall and the extent of the injury then suffered. Appellant objected, and respondent asserted that the evidence was offered for its bearing upon the issue of contributory negligence. In general, evidence of other accidents is not material on the issue of negligence. (Lowenthal v. Mortimer, 125 Cal.App.2d 636, 640 [ 270 P.2d 942 ].) However, evidence of the former injury was admissible to show that appellant’s present condition resulted in whole or in part from that injury. (Le Blanc v. Browne, 78 Cal.App.2d 63, 75 [ 177 P.2d 347 ].) Evidence admissible for any purpose must be received, even if improper for another purpose. (Daggett v. Atchison, T. & S. F. Ry. Co., 48 Cal.2d 655, 665-666 [ 313 P.2d…