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Beach v. Richtmyer

Supreme Court of New York, Appellate Division

90 N.Y.S.2d 332 (1949)

Relevant factsFree

Beach (plaintiff) was hurt in a two-car accident and sued Richtmyer, Carpenter, and the estate of Harris, Carpenter's chauffeur, who died in the crash. Carpenter (defendant) was not in the car and testified that Harris had taken it without permission, implying he had stolen it. Over Carpenter's objection, the trial judge let Harris's estate introduce evidence of Harris's good character to counter that implication, even though Carpenter's testimony was uncorroborated and other evidence supported the presumption that Harris had permission to drive. The jury found both Harris's estate and Carpenter liable. Carpenter appealed, arguing the character evidence was prejudicial error.

IssueFree

Whether character evidence may generally be admitted to prove liability in a civil action.

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