[Download] "Houston Fire & Casualty Insurance Co. v. J. W. Brittian" by Court of Criminal Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Houston Fire & Casualty Insurance Co. v. J. W. Brittian
- Author : Court of Criminal Appeals of Texas
- Release Date : January 20, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an appeal from the second trial of a Workmens Compensation case held in September, 1964. The initial question is whether the testimony at the first trial of Respondents medical witness, Dr. Joe Dickerson, was admissible at the second trial. Dr. Dickerson resided at Jasper, Texas, which is located in a county adjacent to Newton County where both trials were held. He testified in person at the first trial which was held in February of 1964. He was not placed under subpoena nor was his deposition taken for the second trial. Counsel for Respondent testified at the second trial that on Friday before the second trial date on the following Tuesday he checked with the office of Dr. Dickerson and determined that he would be available to testify on Tuesday; that he had planned to call him as a witness; and that upon calling his office on the Tuesday morning trial date he learned for the first time that the doctor was in emergency surgery, upon the completion of which he was leaving town and would not be available during the remainder of the week. Counsel for Respondent did not seek a postponement of the trial after testifying to the foregoing but offered in evidence a transcript of the direct and cross examination of Dr. Dickerson at the former trial. Petitioner objected to the admission of the testimony as hearsay for which no proper predicate had been laid for its admission as an exception to the general rule. The trial court overruled the objection, which action was upheld by the Court of Civil Appeals [392 S.W.2d 604] on the ground that the matter was within the discretion of the trial court and no abuse was shown; and, further, that in any event the admission of the testimony was not reversible error under Rule 434, Texas Rules of Civil Procedure. We reverse the judgments below.