Tort Law

Witnesses-Adverse

Fairfax Injury Lawyer Brien Roche Addresses Witnesses-Adverse

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Witnesses – Adverse.  

Witnesses-Adverse-Statutes

 

See Va. Code § 8.01-401 indicating that adverse witness may be cross-examined.


See Va. Code § 8.01-403 as to impeachment of witness proving adverse.

Witnesses-Adverse-Cases

2006 Thornton v. Glazer, 271 Va. 566, 628 S.E.2d 327.

Plaintiff offered a standard adverse witness instruction, which was justified by the evidence. It was error on the part of the trial court to refuse it.

1998 Hegwood v. Virginia Natural Gas, 256 Va. 362, 505 S.E.2d 372.

Person who has financial or other personal interest in outcome of litigation is deemed to be adverse. Employees in this case were not adverse and until their testimony suggested that they did have adverse interest or prove to be hostile then they would have to be examined in usual fashion.

1989 Mastin v. Thierjung, 238 Va. 434, 384 S.E.2d 86.

Defendant called plaintiff as adverse witness to impeach. Within sound discretion of trial court whether this impeachment will be allowed on rebuttal when it could have been accomplished on cross-examination of plaintiff.

1987 Ragland v. Rutledge, 234 Va. 216, 361 S.E.2d 133.

Where plaintiff calls defendant as adverse witness, plaintiff is bound by so much of that testimony as is clear, reasonable, and uncontradicted.

1983 Horn v. Milgrim, 226 Va. 133, 306 S.E.2d 893.

Testimony of adverse witness presented during plaintiff’s case in chief becomes binding upon plaintiff to extent it was not contradicted by his other evidence.

1981 Miller v. White, 222 Va. 311, 281 S.E.2d 802.

When defendant is called as adverse witness then plaintiff is not bound by such of his testimony as is in conflict with that offered by plaintiff.

1980 Newton v. Veney & Raines, 220 Va. 947, 265 S.E.2d 707.

Plaintiff is bound by so much of testimony of adverse witness as is clear, reasonable and uncontradicted.

1971 S & W Motor Lines v. Bayliss, 212 Va. 124, 183 S.E.2d 169.

Plaintiff called defendant as adverse witness. Defendant’s testimony established that plaintiff was driving on wrong side of road. This testimony was uncontradicted. Plaintiff guilty of contributory negligence as matter of law.

1970 Beale v. Jones, 210 Va. 519, 171 S.E.2d 851.

When defendant is called as adverse witness, plaintiff is bound by so much of defendant’s testimony as is clear, reasonable and uncontradicted.

1968 Brinser v. Young, 208 Va. 525, 158 S.E.2d 759.

Defendant called as adverse witness. Plaintiff bound by so much of testimony as is clear, reasonable and uncontradicted.

1966 Cook v. Basnight, 207 Va. 491, 151 S.E.2d 408.

Since defendant called as adverse witness by plaintiff, plaintiff bound by so much of his testimony as was reasonable and not in conflict with plaintiff’s evidence.

1966 Bridgeforth v. Gibb, 207 Va. 127, 148 S.E.2d 763.

When defendant called as adverse witness, plaintiff is bound by so much of testimony of defendant as is clear, reasonable and uncontradicted.

1964 Maloney v. Wilson, 205 Va. 369, 136 S.E.2d 858.

Plaintiff bound by defendant’s uncontradicted reasonable testimony given as adverse witness.

1961 Smith v. Lohr, 204 Va. 331, 130 S.E.2d 433.

Party who calls adverse party may not impeach him by presenting evidence of prior criminal conviction, where that appears to be sole purpose in calling him.

1963 Weddle v. Draper, 204 Va. 319, 130 S.E.2d 462.

When defendant is called as adverse witness, plaintiff is bound by so much of testimony as is clear, reasonable and uncontradicted. Here, only evidence in record as to how accident occurred is defendant’s testimony as adverse witness.

1960 Hailey v. Johnson, 201 Va. 775, 113 S.E.2d 664.

Litigant is bound by uncontradicted evidence of his opponent when not inherently improbable. This is especially true when opponent is called as adverse witness.

1958 Hargrow v. Watson, 200 Va. 30, 104 S.E.2d 37.

Adverse witness was held to be bound by his testimony and was barred from taking stand on direct examination to explain his testimony.

1957 Daniels v. Morris, 199 Va. 205, 98 S.E.2d 694.

Test of adverse witness is whether witness has adverse interest and not simply whether testimony would be adverse.

1955 Norfolk & P.R.R. v. C.F. Mueller Co., 197 Va. 533, 90 S.E.2d 135.

Plaintiff, having called engineer as adverse witness, was bound by his testimony that bell was rung, since his testimony was clear and uncontradicted by other positive evidence offered by plaintiff.

1955 Matthews v. Hicks, 197 Va. 112, 87 S.E.2d 629.

Defendants should have been allowed to call decedent’s widow as adverse witness as rule was designed to include person, though not party, who has financial interest in outcome of litigation.

1954 Carpenter v. Atlantic Coast Line R.R., 195 Va. 530, 79 S.E.2d 603.

Plaintiffs were bound by evidence of adverse witnesses called by them when evidence was not incredible nor in conflict with any other evidence.

1953 Crabtree v. Dingus, 194 Va. 615, 74 S.E.2d 54.

Where party calls another party as adverse witness, they are bound by so much of his testimony as was reasonable and uncontradicted.

1952 Nosay v. Owens, 193 Va. 343, 68 S.E.2d 531.

Plaintiff called defendant as adverse witness. Plaintiff was bound by such of defendant’s statements as were clear, logical, reasonable and uncontradicted.

1951 Boyd v. Brown, 192 Va. 702, 66 S.E.2d 559.

Where party calls opposing party as adverse witness, then clear, reasonable and uncontradicted testimony of party is binding on person calling him.

1945 VEPCO v. Hall, 184 Va. 102, 34 S.E.2d 382.

Witness is said to be adverse, so as to justify his impeachment only when testimony is injurious or damaging to case of party introducing him. Mere fact that witness fails to prove fact for which he was called does not make him adverse.

For more information on adverse witnesses see the pages on Wikipedia.

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Witnesses-Adverse

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