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University of Michigan Law School

1931

Evidence

Kentucky

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Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment Apr 1931

Evidence-Admission By Party Litigant-Substantive Proof Or Impeachment

Michigan Law Review

ln an action against an employer for personal injuries, after the plaintiff had testified as to negligence of a fellow servant, his signed statement detailing a contrary account of the injury was introduced. The trial judge charged that the statement was admissible only for the purpose of contradicting the plaintiff's testimony. Held, it was admissible as a declaration against interest with probative value, as well as to impeach the plaintiff's testimony. Pub. Utilities Corp. v. Carden (Ark. 1930) 32 S.W.(2d) 1058.