California, United States of America
The following excerpt is from Herrera v. Southern Pac. Ry. Co., 10 Cal.Rptr. 575, 188 Cal.App.2d 441 (Cal. App. 1961):
The testimony of an adverse witness called by plaintiff under the provisions of Code of Civil Procedure, 2055, is not binding on plaintiff. Any testimony adduced under such examination which is favorable to plaintiff must be considered on a motion for nonsuit, but any of such testimony contradicting or conflicting with plaintiff's evidence will be disregarded in passing on such motion, for it is the testimony of an adverse witness. Anthony v. Hobbie, supra, 25 Cal.2d 814 , 155 P.2d 826.
[188 Cal.App.2d 445]
Facts
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