Kober v. Miller
New York Supreme Court
Appeal from a judgment, entered in the Chemung County Court for $266.90. The action was brought to recover for the value of plaintiff’s team, loaned to defendant to work for the city of Elmira, which was alleged to have been killed while so at work through the negligence of defendant and his servants. There was a question of fact at the trial in regard to the alleged negligence.
Read the full summary
Appeal from a judgment, entered in the Chemung County Court for $266.90. The action was brought to recover for the value of plaintiff’s team, loaned to defendant to work for the city of Elmira, which was alleged to have been killed while so at work through the negligence of defendant and his servants. There was a question of fact at the trial in regard to the alleged negligence. Upon the trial the defendant was a witness in his own behalf and gave evidence upon the principal issues in the action. In the course of the cross-examination the defendant was asked, “have you ever been indicted?”…
1Opinion of the Court
Hardin, P. J.:
When the County Court allowed the question to be put to the defendant as to whether he had been indicted, an error was committed, such evidence was not competent, which the defendant was compelled by the ruling to give. The answer may have impaired the witness before the jury to such an extent, that the jury wb oily disbelieved the witness. The ruling is condemned by the decision of the Court of Appeals in Ryan v. People (79 N. Y., 593; People v. Irving, 95 id., 544; People v. Noelke, 94 id., 143). There was a dissenting opinion in that case and a reference in it to *185Southworth…
2Cases cited3 opinions
- The People v. . CrapoNew York Court of Appeals · 1879
- Ryan v. . the PeopleNew York Court of Appeals · 1880
- Southworth v. . BennettNew York Court of Appeals · 1874