DALLAS COUNTY V. COMMERCIAL UNION ASSURANCE CO.
286 F.2d 388 (5th Cir. 1961)
NATURE OF THE CASE: This was an action to collect under an insurance policy. Dallas (P)
contested an order, which entered judgment in favor of Commercial (D) in P's action seeking
an order that D was required to cover damage sustained by P's insured building.
FACTS: The Dallas County (P) courthouse collapsed in 1957. P reported that charcoal and
charred timbers were present in the building's ruins. The intent of this report was to
collect under an insurance policy. The policy covered losses caused by lightning. The
insurer (D) attempted to refute this at trial. D claimed that the collapse was caused by
structural weakness and deterioration, which were not covered by the policy. D claimed that
the charred remains were present in the building before it collapsed. D offered into
evidence a local 1901 newspaper article that reported a courthouse fire. P objected to the
introduction of the article on the ground of hearsay. D got the verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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