Smith v. Atchison, Topeka & Santa Fe Ry.

This appeal was originally taken to this court and was by it assigned to the district court of appeal for the second district. The justices of 'that court, being unable to agree, it ha" been transferred to this court for hearing and determination. As to all of the points presented upon this appeal, with one exception, the opinion of Mr. Victor E. Shaw, written while the case was before the district court of appeal, correctly determines them against the appellants’ contention, and hence that portion of his said opinion, reading as follows, is hereby adopted as the decision of this court:

The only other point requiring discussion is that raised by the appellants ’ contention» that the trial court was in error because of the following evidence, and that the error was sufficiently prejudicial to require a reversal of the case, viz., while the plaintiff was upon the witness-stand he was asked by his attorney: “How many children have you?” Objected to as irrelevant and immaterial. The court said, “I do not see the materiality,” to which counsel for plaintiff replied, “It is material for two reasons. It shows the man’s condition, and if he had a helpless family how much more he would…