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CENTURY INDEMNITY CO. v. DAVIDSON TRANSFER & STOR. CO.

Nos. 72, 73, Dockets 25010, 25128.

261 F.2d 690 (1958)

The CENTURY INDEMNITY CO., Plaintiff-Appellant, v. The DAVIDSON TRANSFER & STORAGE CO., Defendant-Appellee. Martha KAGAN, Administratrix of the Estate of Ben Kagan, deceased, Plaintiff-Appellant, v. The DAVIDSON TRANSFER & STORAGE CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 3, 1958.

Attorney(s) appearing for the Case

M. Hiram Kagan, Brooklyn, N. Y. (Benedict S. Rosenfeld, Canton, N.Y., on the brief), for plaintiffs-appellants.

Alexander, Ash & Schwartz, New York City (Sidney A. Schwartz and Joseph Arthur Cohen, New York City, on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

The principal question presented is whether it was error for the trial judge to preclude the plaintiff from introducing in evidence at the trial of this death action a prior contradictory statement of one of plaintiff's principal witnesses concerning the fatal accident. If it was error to exclude the statement, was the error so substantial as to require reversal? We answer these two questions by holding that it was error to exclude the statement...

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