Davis
Davis v. Tanner
Opinion
Lead Opinion
Thompson, J.
-This is an appeal from a judgment and order denying a motion for a new trial a verdict for eleven thousand dollars damages for tlie death of respondent’s husband, who was killed by automobile while attempting to cross Spring Street in Los Angeles.
The appellants contend that (1) the judgment is not by the evidence, (2) that ■ the trial court erred in admitting evidence of a witness of respondent given at the coroner’s inquest, which was received for the purpose of rehabilitating her testimony at the trial, after an attempt had been made by the appellants to impeach her by a former written statement made by her regarding the incident, which effort to impeach the witness was offered on the theory that her testimony at the trial was a fabrication on her part of recent date, or that it was given through unwarranted influence exercised on the part of respondent’s attorneys, and (3) that the court erred in giving certain instructions at the request of respondent.
The respondent is the surviving widow and the duly qualified administratrix of the estate of Harvey D. Davis, deceased. Appellant Tanner is a corporation operating a taxicab business in the city of Los Angeles, under the…