Barry v. Adams

OPINION

JAMES, Justice.

This is an appeal from an instructed verdict. The trial court excluded some evidence critical to Plaintiff-Appellant’s case on the ground that it violated Article 3716, Vernon’s Texas Civil Statutes, commonly called the Dead Man Statute. We hold that the exclusion of the proffered evidence was error, thereby causing the instructed verdict to be erroneous, and reverse and remand the cause for retrial.

Plaintiff-Appellant Victoria V. Barry brought this suit against Defendant-Appel-lees Julius 0. Adams individually and Honorable Robert F. Salter as Independent Executor of…