Boller v. Cofrances

166 N.W.2d 129 (1969)

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Boller v. Cofrances

Wisconsin Supreme Court
166 N.W.2d 129 (1969)

RW

Facts

Virginia M. Boller (plaintiff) sued Cofrances (defendant) for the loss of Boller's husband. Boller’s husband was killed in a car accident with a female passenger. Boller claimed Cofrances caused the accident. Cofrances's defense was the husband's contributory negligence. At trial, Boller testified during direct examination that she and her husband were happily married. On cross examination, Cofrances's lawyer asked Boller if she knew of her husband's affair with the female passenger. The judge struck the question and instructed the jury to disregard it because it raised matters not addressed during direct examination. Ample evidence proved the husband's contributory negligence and the jury's ruled in favor of Cofrances. Boller appealed to the Supreme Court of Wisconsin. She contended that despite the judge's actions, the opposing lawyer's question prejudiced the jury.

Rule of Law

Issue

Holding and Reasoning (Heffernan, J.)

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