129 Iowa 27 | Iowa | 1905
I. Plaintiff claims that; while chasing his cow over one of the streets in the defendant town, he ran against a guy wire to a horizontal trapeze bar which had been erected upon the property of one.Drake in such a manner as that the guy wire extended from the top of one of the uprights of the trapeze out into one of the streets of defendant'town, where it was fástened to a stake driven into the ground; and
Some evidence has been introduced tending to impeach' the plaintiff as a witness.' One of the recognized methods of impeaching a witness is to prove that his general reputation for truth and veracity is bad in the community in which he lives. This must be proved by witnesses who are acquainted with his general reputation in the community in that respect. The opposing party may contradict such testimony by introducing other competent witnesses to testify that his reputation in such community is not bad. If you believe from the evidence in this case that plaintiff’s gen*31 eral reputation for truth and veracity is bad in the community in which he lives, then you have a right to disregard his testimony as a witness as being unworthy of belief. But you are not bound to disregard it. It is for you to say, in the light of all the facts and circumstances in the case, whether any or all of his testimony is unworthy of belief, and you will give it such weight as you deem it entitled to, or none, if entitled to none.
This instruction is criticised. That it announces a correct proposition of law is manifest from a reading thereof,
No prejudicial error appears, and the judgment is affirmed.