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Summers v. Winters

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1933
239 App. Div. 866 (N.Y. App. Div. 1933)

Opinion

May, 1933.


Judgment affirmed, with costs. Rhodes, Crapser and Bliss. JJ., concur; Hill, P.J., and Heffernan, J., dissent and vote to reverse and for a new trial on the following grounds: Prejudicial errors in receiving hearsay evidence of plaintiff's intoxication. Witness Barber denied, on defendants' cross-examination that he had said plaintiff was intoxicated. This subject was not touched on Barber's examination in chief. Four of defendants' witnesses said that Barber had made such statements. This was offered and received as bearing upon Barber's credibility. Credibility of a witness is a collateral issue, and defendants were bound by the answers ( People ex rel. Phelps v. Oyer Term. of Co. of N Y, 83 N.Y. 436; Smith v. Lehigh Valley R.R. Co., 177 id. 379; Potter v. Browne, 197 id. 288); and counsel improperly asked as to the arrest for intoxication of plaintiff's companion who was neither party nor witness. ( Cosselmon v. Dunfee, 172 N.Y. 507.)


Summaries of

Summers v. Winters

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1933
239 App. Div. 866 (N.Y. App. Div. 1933)
Case details for

Summers v. Winters

Case Details

Full title:GORDON L. SUMMERS, Appellant, v. CARL WINTERS, SR., and CARL WINTERS, JR.…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1933

Citations

239 App. Div. 866 (N.Y. App. Div. 1933)