(DOWNLOAD) "Mississippi for Use of Mrs. Robert E. Derrow and Mrs. Robert E. Derrow v. Durham" by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Mississippi for Use of Mrs. Robert E. Derrow and Mrs. Robert E. Derrow v. Durham
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 08, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Based upon the Mississippi Wrongful Death Act, Mrs. Robert E. Derrow, a resident of Illinois, brought this diversity action on behalf of the remaining Mississippi heirs to recover for the death of her father, W. C. Wood. Named as defendants were John S. Durham, former sheriff of Washington County, Mississippi, and the United States Fidelity and Guaranty Company, the surety on his official indemnity bond. The complaint alleged that while Wood was under arrest by Durham and his deputies, their wrongful acts or omissions caused Woods death. A jury verdict in favor of Mrs. Derrow resulted and Durham and the United States Fidelity and Guaranty Company now appeal. Since the trial court permitted Mrs. Derrow to introduce a hearsay tape recorded statement which not only was used to impeach her own witness, who she knew when offered would testify to the contrary, but was also used to build a hypothetical question which formed a substantial basis for establishing proximate cause, we reverse.