State Farm Mutual Automobile Insurance v. Huther

Judgment unanimously affirmed, without costs of this appeal to either party. Memorandum: The trial court in a series of erroneous rulings on the admissibility of evidence severely limited both parties in the trial of this action. The prior written statement made by defendant was clearly admissible and should have been received. The fact that the Trial Judge (in Ms own words) has a “phobia against things going in on what people say on other occasions” is immaterial. Admissibility of proof must be controlled by recognized rules of evidence and not the predilections of each individual Judge.…