Moore v. Jefferson Standard Life Insurance

Stagy, O. J.,

dissenting: I think there was error, to tbe prejudice of tbe defendant, in not admitting tbe whole of tbe affidavit, made by tbe witness Shumate on 14 July, 1924, which, in my opinion, competently tends to impair tbe credibility of bis testimony given at tbe trial.

Tbe only contested issue before tbe jury was whether tbe assured was “sane and sober” at tbe time be received tbe injury which subsequently proved fatal. Shumate, who was with tbe assured for several hours prior to tbe accident, gave it as bis opinion that be was sane and sober when injured. Tbe witness bad previously…