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Cosselmon v. . Dunfee

65 N.E. 494, 172 N.Y. 507, 10 Bedell 507, 1902 N.Y. LEXIS 696
CourtNew York Court of Appeals
DecidedNovember 25, 1902
StatusPublished
Cited by72 cases

This text of 65 N.E. 494 (Cosselmon v. . Dunfee) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cosselmon v. . Dunfee, 65 N.E. 494, 172 N.Y. 507, 10 Bedell 507, 1902 N.Y. LEXIS 696 (N.Y. 1902).

Opinion

Per Guriam.

We affirm' this judgment without opinion, but feel constrained to refer to an occurrence on the trial that has become too frequent in negligence cases.

Counsel for plaintiff asked a witness for defendants this question: “ Do you know whether they carry insurance for accident to their employees ? ” This question was objected to as incompetent and objection”sustained.

While the learned trial judge made a proper disposition of the matter, nevertheless the propounding of the question was calculated to convey an improper impression to the jury.

The inquiry into the matter of insurance is not material and the practice of asking a question that counsel must be assumed *508 to know cannot be answered is highly reprehensible, and where the trial court or Appellate Division is satisfied that the verdict of the jury has been influenced thereby it should, for that reason, set aside the verdict.

■The judgment and order should be affirmed, with costs. Parker, Oh. J., Gray, Bartlett, Haight, Martin, Yann, and Werner, JJ., concur.

Judgment and order affirmed.

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Bluebook (online)
65 N.E. 494, 172 N.Y. 507, 10 Bedell 507, 1902 N.Y. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosselmon-v-dunfee-ny-1902.