Olson v. Hodges
Iowa Supreme Court
19 N.W.2d 676 (1945)
- Written by Rich Walter, JD
Facts
Olson (plaintiff) sued Hodges (defendant) for damages Olson sustained when the car in which they were riding crashed. At trial, Olson testified Hodges was driving recklessly when the crash occurred. On cross examination, Hodges produced a statement Olson signed shortly after the accident. The statement attested that Hodges was a careful driver and had not been driving the car carelessly before the accident occurred. Olson attempted to explain the statement by testifying that he was hospitalized and sedated after the accident, had no recollection of making a statement, and had no chance to read what he signed. The judge admitted the statement but instructed the jury to consider it only as it related to Olson's credibility as a witness, not as to the truth of the statement's assertions. The jury found for Olson, and Hodges appealed to the Supreme Court of Iowa, arguing the judge erred in limiting the purposes for which the jury could consider the statement.
Rule of Law
Issue
Holding and Reasoning (Bliss, J.)
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