SEGUIN V. BERG
21 N.Y.S.2d 291 (1940)
NATURE OF THE CASE: This was a negligence action based on an auto collision.
FACTS: The autos of both D and P collided and both cars were damaged. P instituted an
action to recover a money judgment and D answered denying liability and asserted a
counterclaim against P for damages to his car. At trial P offered his own testimony and that
of a mechanic who repaired the car and then rested. At the conclusion of D's proof P called
three witnesses (all passengers in his car). D objected and the evidence was excluded as not
proper rebuttal. The jury rendered a verdict for D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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