Hawley v. Hatter

Headnote

Improper evidence — admission of, on in'ial at law — although result may not be changed by it •— new trial granted..

Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The court at General Term say :

“We are satisfied with the report of the referee in this case. It is sustained by the evidence, and appears to be just. We should affirm the judgment without hesitation, were it not for the error in admitting proof of an offer by the defendant to compromise the claim. This evidence was inadmissible, and might possibly have affected the result. We do not think that it did in fact. But the rule has been repeatedly laid down that a new trial must be

granted when improper evidence has been admitted. (Baird v. Gillett, 47 N. Y., 186 .)

It would promote justice if appellate courts could disregard such errors, when satisfied that no real injury had been in fact done; in other words, if they could adopt the equity rule. It is difficult, especially in a long .trial, to'avoid making some slight error in regard to the rules of evidence. But practically such errors are not of that importance in their effect upon the result of the trial which they appear to be, when spread out in the printed papers for the appellate courts.

And such courts, especially when not accustomed to the actual trial of cases, are apt to forget the maxim, summum jus summa injuria. {Lamb v. Gamden B. B., 2 Daly, 475 .)

The judgment must be reversed and a new trial granted, costs to abide event, and referee discharged. ”