Duggan v. Williams

Appellate Terms of the Supreme Court of New York

Duggan v. Williams

149 N.Y.S. 908

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 19, 1914

StatusPublished

This text of 149 N.Y.S. 908 (Duggan v. Williams) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duggan v. Williams, 149 N.Y.S. 908 (N.Y. Ct. App. 1914).

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Opinion

BIJUR, J.

This case resolved itself into a question of veracity between plaintiff and defendant. Under those circumstances, the judgment must be reversed, because the learned judge below permitted the plaintiff, over his counsel’s objection, to be cross-examined as follows: “Were you ever arrested for the crime of smuggling?” — and this was repeated in various forms in five or six questions, with answers which, while to my mind they indicate plaintiff’s entire innocence of the charge, were very likely to have seriously prejudiced plaintiff in the eyes of the jury.

Judgment reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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BIJUR, J.

This case resolved itself into a question of veracity between plaintiff and defendant. Under those circumstances, the judgment must be reversed, because the learned judge below permitted the plaintiff, over his counsel’s objection, to be cross-examined as follows: “Were you ever arrested for the crime of smuggling?” — and this was repeated in various forms in five or six questions, with answers which, while to my mind they indicate plaintiff’s entire innocence of the charge, were very likely to have seriously prejudiced plaintiff in the eyes of the jury.

Judgment reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

149 N.Y.S. 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duggan-v-williams-nyappterm-1914.