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Northern Pac. R.R. v. Charless

United States Court of Appeals for the Ninth Circuit
51 Fed. 562 (1892)


Hugh Charless (plaintiff) sued his employer, Northern Pacific Railroad Company (defendant), for injuries he suffered in a handcar accident. At trial, the judge allowed Charless to relate his version of the accident in full, instead of describing the accident by answering serial questions posed by his lawyer. After Charless completed his lengthy narrative, the railroad's lawyer objected that Charless made several inadmissible statements. The lawyer said he would have objected to each statement as it was made, but the narrative form of Charless's testimony gave the lawyer no opportunity to do so. The judge overruled the objection. The jury returned its verdict for Charless. On appeal to the United States Court of Appeals for the Ninth Circuit, the railroad argued the judge exceeded his discretion in overruling its lawyer's objection.

Rule of Law


Holding and Reasoning (Morrow, J.)

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