Southern Stone Company, Inc. v. Sam Singer and Thomas D. Moore
Court of Appeals for the Fifth Circuit
1DissentRoney, Circuit Judge
I respectfully dissent from the reversal of this jury verdict because of the possible erroneous admission of one piece of evidence.
The letter admittedly recited a conversation between defendant Moore and the writer of the letter, Hardegree. Even if it could not be admitted as an admission in view of Moore’s failure to respond, any hearsay problem could have been eliminated because Moore and Hardegree were both available in the courtroom to be examined about that conversation. The objection was made in this fashion:
MR. GOWER: Your Honor, we would like to object to the introduction of the…
2Cases cited1 opinion
- Lenz v. Southern Pacific Co.Court of Appeals for the Fifth Circuit · 1974