Herman v. Eagle Star Insurance Company
| Citation | 396 F.2d 427 |
| Decision Date | 05 April 1968 |
| Docket Number | No. 21556.,21556. |
| Parties | Lee HERMAN and Victor Herman, Appellants, v. EAGLE STAR INSURANCE COMPANY, Ltd., etc., et al., Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Arthur Soll (argued), of Jaffe, Osterman & Soll, Los Angeles, Cal., for appellants.
William F. Rylaarsdam (argued), James O. White, of Cummins, White & Breidenbach, Los Angeles, Cal., for appellees.
Before CHAMBERS and HAMLEY, Circuit Judges, and SMITH, District Judge.*
In this diversity action against three insurance companies on a claim under certain policies of insurance for the loss of a $35,000 diamond ring, judgment was entered for the defendants on a jury verdict. Plaintiffs appeal, arguing that the trial court erred in admitting evidence concerning the polygraph of plaintiff Lee Herman, the purport of which evidence was that she had made untruthful statements concerning the loss of the ring.
In admitting the polygraph testimony the trial court did not pass upon the reliability of evidence of this character but ruled that it was admissible in view of what the court regarded as a binding stipulation entered into before trial. We affirm for the reasons stated by the trial court in its memorandum opinion denying plaintiffs' motion for a new trial, reported in 283 F.Supp. 33.
* The Honorable Russell E. Smith, District Judge, District of Montana, sitting by designation.
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State v. Dean
...the context of stipulations. This construction is corroborated somewhat by a Ninth Circuit stipulation case, Herman v. Eagle Star Ins. Co., 396 F.2d 427 (9th Cir. 1968) (per curiam), which expressly noted that the admissibility of lie detector test results on stipulation did not have any im......
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Brown v. Darcy, 83-6440
...made during the examination the parties stipulated to admissibility before the polygraph was administered. Herman v. Eagle Star Ins. Co., 396 F.2d 427 (9th Cir.1968). On two other occasions we noted the presence of polygraph evidence in the record when the issue of admissibility was not bef......
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People v. Leone
...83 S.Ct. 89, 9 L.Ed. 86; cf. 3 Wigmore, Evidence (3d ed.), § 999.2 See Herman v. Eagle Star Ins. Co., D.C.Cal., 283 F.Supp. 33, affd. 9 Cir., 396 F.2d 427; People v. Houser, 85 Cal.App.2d 686, 193 P.2d 937; State v. Freeland, 255 Iowa 1334, 125 N.W.2d 825; State v. Brown, 177 So.2d 532 (Dis......
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State v. Chambers
...other jurisdictions have now arrived at the conclusion that these results may be admitted by agreement. E. g., Herman v. Eagle Star Ins. Co., 396 F.2d 427 (9th Cir. 1968), affirming, 283 F.Supp. 33 (C.D.Cal.1966); Commonwealth v. A Juvenile, 365 Mass. 421, 313 N.E.2d 120 (1974); State v. Wo......