(Download) "Great American Indemnity Co. v. Opal Mae Elledge Et Al." by Supreme Court of Texas No. A-6910 ~ Book PDF Kindle ePub Free
eBook details
- Title: Great American Indemnity Co. v. Opal Mae Elledge Et Al.
- Author : Supreme Court of Texas No. A-6910
- Release Date : January 21, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
[ 2 Tex. Sup. J. Page 289] The trial court instructed a verdict in favor of petitioner, and the Court of Civil Appeals reversed and remanded the cause
for a new trial. 312 S.W.2d 722. We agree with the Court of Civil Appeals that the statement made by the deceased employee
to his wife and overheard by Barbara Jean Noack on the night of September 3, 1956, is admissible as a declaration tending
to show the state of mind and immediate purpose of the declarant on that night. See Prater v. Traders and General Ins. Co.,
Texas Civ. App., 83 S.W.2d 1038 (no writ); McCormick & Ray, Texas Law of Evidence, 2nd ed. 1956, Vol. 1, p. 639, Sec.
868. This testimony, the stipulation of counsel, and the other circumstances established by the evidence raise an issue of
fact as to whether the deceased sustained his accidental injury in the course of his employment.
 "Great American Indemnity Co. v. Opal Mae Elledge Et Al." by Supreme Court of Texas No. A-6910 ~ Book PDF Kindle ePub Free){kind=link}