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Seguin v. Berg

Supreme Court of New York, Appellate Division

21 N.Y.S.2d 291 (1940)

Relevant factsFree

After a car collision, Seguin (plaintiff) sued Berg (defendant), who denied liability and counterclaimed; during rebuttal, the trial judge refused to let Seguin call eyewitnesses to the collision, reasoning their testimony should have been presented during his case-in-chief, and the jury returned a verdict for Berg.

IssueFree

Whether the general rule requiring a plaintiff to introduce all supporting evidence during the case-in-chief is subject to the trial court's discretion.

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