Caso

The action is one for damages for injuries to the person sustained in a collision between the plaintiff's truck and the truck of the defendant and also for damages resulting to the plaintiff for the loss of the use of his truck for a period of ten days. Defendant answered and alleged contributory negligence on the part of the plaintiff. Among other denials is one “that plaintiff has lost the use of said truck for a period of ten days,” etc. From a verdict and judgment in favor of the plaintiff the defendant appeals.

[1] Two grounds are presented by appellant’s brief. The plaintiff was a witness in his own behalf. He was asked the following question: “Mr. Caso, how much money were you earning with your truck at the time of this accident?” Counsel interposed an objection on the ground that the question was immaterial. The objection was overruled and the witness answered that he was earning “ten or twelve dollars or twenty dollars a day.” The question and answer were clearly material to the issue presented by the complaint and the denial contained in the answer above quoted.

[2] The defendant requested the court to give the following instruction: “You are instructed that if you…