Grace v. Koch & Dreyfus

Opinion by

Quinan, J.

§ 1062. Trial by judge; effect of incompetent evidence. Ordinarily, when a case is tried before the judge, a jury *601being waived, the admission of irrelevant or improper testimony will not, on appeal, bo held as good ground for disturbing his judgment, for it will be presumed that he gave such testimony no greater consideration than it legally deserved to have. If the facts in proof otherwise sustain the judgment, it will stand. Where, however, from the whole case, it is apparent that improper proof admitted was considered, and had influence in determining the result, the…