Miner v. Sherman
| Decision Date | 23 February 1961 |
| Citation | 12 A.D.2d 1001,211 N.Y.S.2d 558 |
| Parties | Clifford MINER, Appellant, v. George SHERMAN, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Albert Averbach, Seneca Falls, for appellant (James E. Hayes, Seneca Falls, of counsel).
Bigham, Englar, Jones & Houston, New York City, for respondent Richard H. Connors, of counsel).
Before WILLIAMS, P. J., and BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ.
The verdicts are against the weight of the evidence. However, reversal is required for another reason. After the occurrence which caused plaintiff's injuries, plaintiff Miner swore to an information which charged defendant with a violation of Section 45 of the Navigation Law of the State of New York, in operating his boat at such a speed as to throw plaintiff Miner's boat upon the shore of the Barge Canal, causing injuries to plaintiffs. Defendant pleaded guilty to this information and paid a fine. This violation constituted an offense punishable by fine . Plaintiffs requested a charge, in substance, that the plea of guilty was an admission against interest and could be so considered by the jury. This request was erroneously denied and an exception was taken.
After proof of the plea, the defendant should have been allowed to explain his reasons for pleading guilty and the jurors should have been permitted to determine the probative weight and value the plea was entitled to receive.
Ando v. Woodberry, 8 N.Y.2d 165, 168, 203 N.Y.S.2d 74, 76.
Judgment and orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
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Miner v. Sherman
...Term, Easton, J., setting aside the verdict of no cause of action and granting a new trial, in a negligence action.) See also 12 A.D.2d 1001, 211 N.Y.S.2d 558. ...
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...York, Appellate Division, Fourth Department. Feb. 23, 1961. Same decision and like cause of action as in companion case ofMiner v. Sherman, App.Div., 211 N.Y.S.2d 558. ...