Legal Opinion

Dietz v. Dinkel

Appellate Division of the Supreme Court of the State of New York

Decided November 26, 1930PublishedCited by 3 opinions

1Opinion of the CourtHasbrouck, J.

There are at least two errors in the case. By his questions of Dr. Gutmann regarding his service to insurance companies plaintiff’s counsel furnished the basis of an inference by the jury that the defendant was insured, that the defense was that of an insurance company. If the fact had come béfore the jury inadvertently or accidentally unaided by the purpose of plaintiff’s counsel the court in its discretion might have overlooked or condoned the circumstances if deemed innocuous. Here the purpose of plaintiff’s counsel seems plain and we should not overlook the fact that the judicial…

2Cases cited3 opinions

  1. Rodzborski v. . American Sugar Refining Co.New York Court of Appeals · 1914
  2. Coddington v. . the B'klyn Crosstown R.R. Co.New York Court of Appeals · 1886
  3. Knight v. LanierAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by3 opinions

  1. Herald Nathan Press, Inc. v. BourgesCity of New York Municipal Court · 1936
  2. Goodman v. GuidaNew York Supreme Court · 1934
  3. Woodard v. MarxNew York Supreme Court · 1943

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