Finch v. Weiner

145 A. 31 (1929)

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Finch v. Weiner

Connecticut Supreme Court
145 A. 31 (1929)

Sean Carroll headshot
  • Written by Sean Carroll, JD

Facts

Lewis Finch (plaintiff) was injured in a car accident allegedly caused by Skinner, who was an employee of Phillip Weiner (defendant). Finch sued Weiner to recover for his injuries. At trial, Finch called Skinner as a witness. On direct examination, Finch asked Skinner only to confirm that he was employed by Weiner and to identify an accident report Skinner had filed. On cross-examination, over Finch’s objection, Weiner asked Skinner to recount the details of the accident, including events before and after. The testimony was prejudicial to Finch. The jury returned a verdict in Weiner’s favor. Finch appealed.

Rule of Law

Issue

Holding and Reasoning (Hinman, J.)

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Casebooks

Evidence

Key Terms

  • Cross-ExaminationQuestioning of a witness by the opposing side on the issues raised by the party offering a witness’s testimony during direct examination.
  • Rule 611(b) of the Federal Rules of EvidenceProvides that the scope of cross-examination generally should be limited to the subject matter of direct examination, but that the court has discretion to broaden the scope.
  • Direct ExaminationA trial lawyer's interrogation of a witness to support the lawyer's case.
  • Order of ProofThe sequence in which the phases of a trial take place and in which the parties present or rebut evidence.

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