(DOWNLOAD) "Maryland Casualty Co. v. Hallatt" by United States Court Of Appeals Fifth Circuit. ~ Book PDF Kindle ePub Free
eBook details
- Title: Maryland Casualty Co. v. Hallatt
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 10, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The motion for reconsideration and rehearing in No. 18485 involves our initial decision in reversing and remanding a final judgment entered on a jury verdict in favor of plaintiffs, Harry Hallatt and Mary Valentine Hallatt, and against the garnishee, Maryland Casualty Company, for the sum of $9,267.52. The facts are detailed in that decision (295 F.2d 64). The critical question was debated at length between the majority and dissenting opinions there. The majority held that the failure of the insured to attend the trial was prejudicial to the insurer as a matter of law, and that the lower court committed error in admitting evidence on the question of whether or not that failure was prejudicial. The dissent agreed with the District Court that the injured plaintiff had a right to show lack of prejudice and that the question of prejudice was a proper one for the jury.