Legal Opinion · Dissent

Beyrand v. KELLY

Supreme Court of Pennsylvania

Decided May 9, 1969No. Appeal, 237Published

1Dissent

Dissenting Opinion by

Mr. Justice Cohen:

In Engemann v. Colonial Trust Company, 378 Pa. 92, 99, 105 A. 2d 347 (1954), Justice Bell aptly said “[t]he general rule is that verbal or written statements or declarations which are self-serving and are made in the absence of the other party to the transaction are inadmissible under the Hearsay Evidence Rule: . . This was repeated in Commonwealth v. Coopersmith Bros., 423 Pa. 608, 225 A. 2d 246 (1967).

There is no reason or authority for the admission of such patent hearsay testimony.

I dissent.

2Cases cited2 opinions

  1. Engemann v. Colonial Trust Co.Supreme Court of Pennsylvania · 1954
  2. Commonwealth ex rel. Roger E. Gerhart, Inc. v. Coopersmith Bros.Supreme Court of Pennsylvania · 1967