(DOWNLOAD) "Skillern & Sons v. Florence Rosen" by The Texas Court of Criminal Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Skillern & Sons v. Florence Rosen
- Author : The Texas Court of Criminal Appeals
- Release Date : January 26, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an action for damages brought by respondent, Florence Rosen, against petitioner Skillern & Sons, Inc., alleging that she slipped and fell in petitioners drugstore and was injured. Trial was to a jury, and on the jurys verdict judgment was entered for petitioner. On appeal to the Court of Civil Appeals that court reversed and remanded the case. 346 S.W.2d 352. Petitioner is here complaining that the Court of Civil Appeals was in error in holding that the trial court had erred in refusing to allow hearsay and self-serving declarations of the respondent to be admitted in evidence. The Court of Civil Appeals held that such declarations were admissible on two theories, one on res gestae and the other on the theory of "recent fabrication". In our opinion the declarations were not admissible. We reverse the judgment of the Court of Civil Appeals and affirm the judgment of the trial court.