Legal Opinion

Penfield v. Carpender

New York Supreme Court

Decided August 15, 1816PublishedCited by 10 opinions

IN.ERROR, on certiomri to a jus.tice?s .court, » mi . * . V , • i v 1 ne action,- in-the court below, .was .to. recover; damages 101? sbcep,'belonging to the plaintiff, killed by the--defendant’s dbg.' At the trial, a witness was called,- on behalf of the defendant., te» á con'Versatihh between him and the defendant,/ in which die latter.had denied that he was the owner of the dog;, the tesfimony, was objected to, but the- .justice decided .that the witness might go,through…

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IN.ERROR, on certiomri to a jus.tice?s .court, » mi . * . V , • i v 1 ne action,- in-the court below, .was .to. recover; damages 101? sbcep,'belonging to the plaintiff, killed by the--defendant’s dbg.' At the trial, a witness was called,- on behalf of the defendant., te» á con'Versatihh between him and the defendant,/ in which die latter.had denied that he was the owner of the dog;, the tesfimony, was objected to, but the- .justice decided .that the witness might go,through with his 'testimony, aind that he Would then in--. form't-hq. jury what part' was admissible,,and what not.'; And the…

1Opinion of the Court

.Per-Curiam.

The admission of such testimony, was illegal and dangerous, and no subsequent caution or advice by the justice,-that the jury ought to. disregard'what the witnesses had sworn', can cure .the irregularity. • The law forbids such testimo;ny, hecaiise it mayAaiie anánfluence upon honest jurors, .who aré unconscious of the impressions which- they retain, inotwith^ standing;.the'effort of the court to obliterate-then}.' V. "

The tazation 'of costs .was alsoillegab

Judgmeht-reversedt-

2Cited by10 opinions

  1. Brown v. StateSupreme Court of Georgia · 1900
  2. Seckerson v. SinclairNorth Dakota Supreme Court · 1913
  3. State v. RoverNevada Supreme Court · 1875
  4. Hamblett v. HamblettSuperior Court of New Hampshire · 1833
  5. Clark v. CrandallNew York Supreme Court · 1848

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