Harry's Harborside

 

P, executor of V's estate, v. D for damages for an alleged assault and battery by D on V on June 1 at 10 p.m. at Harry's Harborside Tavern, a rowdy sailors' bar in Revere, Massachusetts. At trial, P's first witness is Harry. Harry testifies that on June 1 at around 10 p.m. in his bar he saw D splash V's face with beer and then break a beer bottle over V's head. On cross-examination the following occurs:

Q: Weren't you bitten by D's dog on May 1?

By P's counsel: Objection--beyond the scope of the direct examination. (What ruling and why?)

A: No, I was not bitten by D's dog on May 1.

In rebuttal, D offers W, who testifies that D was out fishing all day and night on June 1, and the testimony of D, Jr., that on May 1 he saw Fang, the D family dog, bite Harry. P's counsel objects to D, Jr.'s testimony. What ruling and why?



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