Kaplan v. Loev

Dissenting Opinion by

Me. Justice Deew:

I cannot assent to the opinion and conclusion of the majority. Both are based on an assumption that the cross-examination proposed was not in good faith; that it had for its object an insidious purpose, to reveal to the jury that defendant was protected by insurance. I am certain that such is not so, and it seems to me the record and surrounding circumstances support my view. The assumption rests solely on a statement of the trial judge, admittedly outside the record, based on a. statement of counsel for defendant “at side bar,” that defendant had made no…