Freeman v. Commercial Union Assurance Company

The opinion I filed herein on October 7, 1958, is withdrawn and the following opinion is substituted therefor.

I dissent. The holding of the majority on appellant’s points 1, 2, 3 and 4 (best evidence rule) is in direct conflict with the holding of this Court in the case of Lloyds Guarantee Assurance v. Sheffield, Tex.Civ.App., 170 S.W.2d 327, wr. ref., w. o. m., and other cases on identically the same question. First,- this testimony from appel-lee’s witness Self bore upon the issue of increased hazard, an ultimate issue, not a collateral issue, and was offered for the sole purpose of showing…