Zurich v. Wehr

O’CONNELL, Circuit Judge.

The appeal in the case at bar is directed to alleged errors by the court below in the reception and exclusion of certain evidence. As will be seen from the statement of facts which follows, no small portion of the responsibility for the alleged irregularities can be traced to a lack of artistic presentation by counsel for the litigants. In view of the fact that the -instant case has now *792been tried for the third time,1 we are reluctant to measure with Procrustean standards the discretion exercised by the trial court in the reception and exclusion of that testimony ;…