BOLLER V. COFRANCES
166 N.W.2d 129 (1969)
NATURE OF THE CASE: This was an appeal involving a jury verdict for contributory
negligence.
FACTS: An auto accident occurred on May 23, 1965. Buller and his passenger Catherine Case
were both killed in the accident. At trial, Mrs. Buller (P and widow) was asked if she were
aware of the affair her husband was having with Catherine Case; this going to the scope of
losses entitled by the widow and for impeachment of prior testimony by P. P's counsel
objected and that was sustained and the jury was admonished to disregard the question. The
verdict went against P because the jury assessed the negligence of each driver at 50%. P
appealed claiming that a new trial was warranted because the asking of an allegedly improper
question indelibly prejudiced the jury.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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