Metro. Life Ins. Co. v. Bradbury

• Decision Date: 26 January 1937
• Docket Number: Case Number: 25630
• Citation: 1937 OK 46,65 P.2d 433,179 Okla. 253
• Parties: METROPOLITAN LIFE INSURANCE CO. v. BRADBURY
• Court: Oklahoma Supreme Court

1937 OK 46

65 P.2d 433

179 Okla. 253

METROPOLITAN LIFE INSURANCE CO. v. BRADBURY

Case Number: 25630

Supreme Court of Oklahoma

Decided: January 26, 1937

Syllabus

¶0 EVIDENCE - HEARSAY - Inadmissibility of Statement Prepared and Signed by Disinterested Parties to Prove Fact in Dispute.

A fact in dispute between litigants can not be proven by written statement prepared and signed by disinterested parties prior to trial; the admission of such hearsay evidence, over proper objections, may constitute reversible error.

Appeal from District Court, Ottawa County; Dennis H. Wilson, Judge.

Action by Samuel Bradbury against the Metropolitan Life Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded for new trial.

Mason, Williams & French, for plaintiff in error.

E.G. Avery, D.H. Cotton, and Marshall W. Hinch, for defendant in error.

WELCH, J.

¶1 In the trial court the plaintiff, Samuel Bradbury, commenced this action in 1933 to recover benefits under a certain group insurance policy. The chief question in issue was whether the plaintiff became totally and permanently disabled by disease and bodily infirmities prior to November 30, 1929, and while he was in the employ of the Federal Mining & Smelting Company. The mine at which plaintiff was employed shut down on November 30, 1929, and thereafter the plaintiff was not in the employ of that mining company.

¶2 The trial resulted in a verdict and judgment in favor of plaintiff. The defendant appeals and presents various specifications of error.

¶3 An important question is whether the trial court erred in admitting in evidence, over proper objections, a certain document referred to as a clinic card, and a certain written statement signed by Dr. A.W. Heffleman.

¶4 The clinic card dated October 24, 1928, purports to be signed by F.O. Merriweather, Surgeon U.S. Bureau of Mines, and indicates that on October 24, 1928, he examined the plaintiff, Bradbury, and purports to set out in detail the physical condition of Bradbury as to disease and ailments, containing the recommendation of removal to high dry climate and to return for examination in one year. This document was admitted in evidence upon the testimony of a witness that he could identify the signature of F.O. Merriweather, but Dr. Merriweather did not testify in the trial nor by deposition.

¶5 The written statement signed by Dr. Heffleman was dated Grove, Okla., December 10, 1932, was addressed "To whom it may concern" and purported to show the result of an examination of the plaintiff made that day as to his diseases and ailments, and further statements by way of opinion as to the length of time the plaintiff had been afflicted with tuberculosis. But Dr. Heffleman did not testify in the trial nor by deposition.

¶6 The defendant expressly admitted that it received proof of plaintiff's claim.

¶7 We must conclude that these two documents were inadmissible and the defendant's objection thereto as being hearsay evidence should have been sustained. The...