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Evidence - Curative Admissibility, Theodore R. Vogt

Michigan Law Review

If one party be permitted, for any reason, to introduce inadmissible evidence, may his opponent counter with like evidence to offset any· advantage the former may have obtained? Or, as Dean Wigmore puts it: "Does one inadmissibility justify or excuse another?"

The problem is again brought to notice by the decision of the Iowa Supreme Court in the recent case of Maasdam v. Jefferson County Farmers' Mutual Insurance Association. In that case the lower court was reversed because it refused to permit the defendant to introduce evidence as to the market value of the insured articles after plaintiff had …