Koslowski v. United States Steel Furniture Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, United States Steel Furniture Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga oh the 16th day of March, 1914, as corrected and amended by an order entered in said clerk’s office on the 23d day of March, 1914, upon the verdict of a jury for $10,000, later reduced to $7,000, and also from an order entered in said clerk’s office on the 23d day of March, 1914, denying…
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Appeal by the defendant, United States Steel Furniture Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga oh the 16th day of March, 1914, as corrected and amended by an order entered in said clerk’s office on the 23d day of March, 1914, upon the verdict of a jury for $10,000, later reduced to $7,000, and also from an order entered in said clerk’s office on the 23d day of March, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
We are of the opinion that reversible error was committed in admitting the contents of a letter written by the witness Sundquist to the plaintiff. The letter was written after the accident and after Sundquist had left the defendant’s employ. While Sundquist was called by the defendant and gave testimony in its behalf, the letter related to new matter called out by the plaintiff’s counsel upon cross-examination.
A party may not thus impeach his own witness (Power v. Brooklyn Heights R. R. Co., 157 App. Div. 400), and this rule seems to hold good where a party upon cross-examination calls out…
2Cases cited4 opinions
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Power v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Iveson v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1913