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Seguin v. Berg

Supreme Court of New York, Appellate Division
21 N.Y.S.2d 291 (1940)


Facts

Seguin (plaintiff) and Berg (defendant) were involved in a car collision. Seguin sued Berg for damages. Berg denied liability and filed a counterclaim against Seguin. In their cases in chief, Seguin introduced evidence supporting his claim, while Berg introduced evidence to defend himself against Seguin's claim and to support his counterclaim. During rebuttal, the judge overruled Seguin's attempt to call eyewitnesses to the collision on the grounds that their testimony should have been introduced in Seguin's case in chief. Seguin appealed the jury's verdict for Berg to the Supreme Court of New York, Appellate Division. Seguin contended the judge erred in excluding the eyewitness testimony.

Rule of Law

Issue

Holding and Reasoning (Heffernan, J.)

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