Leake v. Hagert
Supreme Court of North Dakota
175 N.W.2d 675 (1970)
Charlotte Hagert (defendant) drove her car into the rear of a plow being towed by Allen Leake's (plaintiff's) tractor on a public highway after sunset; Leake sued for negligence, and Hagert counterclaimed alleging Leake's own negligence caused the crash. At trial, adjuster Edward Gross testified that Leake's son told him the tractor's rear red light had been broken for some time, testimony Leake argued was inadmissible hearsay since his son never testified in court; at least three other witnesses also testified about the light's condition. The jury dismissed both parties' claims, the trial court denied Leake's motion for a new trial, and Leake appealed.
Whether the erroneous admission of hearsay into evidence that was not prejudicial constitutes reversible error.