Rosenblum v. Feller

Headnote

Negligence — motor vehicles — evidence — action to recover for personal injuries arising from collision of automobile with wagon — evidence that defendants were insured and that one of defendants had given untrue testimony pursuant to conspiracy with plaintiff to mulct insurance company, properly excluded.

Rosenblum v. Feller, 221 App. Div. 805 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 8, 1927, affirming a judgment in favor of

plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. Plaintiff while driving a wagon northerly on North Broadway in the city of White Plains received the injuries complained of as the result of a collision with an automobile owned by defendants. It was contended that the trial court erred in refusing to permit counsel for the insurance company defending the action to prove that defendants were insured against accident and that one of the defendants called as a witness on their behalf had conspired with the plaintiff to mulct the insurance company and had given untrue testimony.