From Casetext: Smarter Legal Research

Treharne v. Callahan

United States District Court, W.D. Pennsylvania
Aug 8, 1968
288 F. Supp. 131 (W.D. Pa. 1968)

Opinion

Civ. A. No. 66-895.

August 8, 1968.

McArdle McLaughlin, Pittsburgh, Pa., for plaintiff.

Royston, Robb, Leonard, Edgecombe, Miller Shorall, Pittsburgh, Pa., for defendant.

Weis Weis, Pittsburgh, Pa., for third-party defendant.


ORDER


In this proceeding based on diversity negligence, at pretrial conference a question arose as to the competency of the plaintiffs to testify as to facts and circumstances surrounding the accident for the reason that the defendant was deceased, the death having occurred subsequent to the accident from a cause not related thereto. Prior to the death, extensive interrogatories were submitted by the defendant to the plaintiff.

The question is presented as to whether or not the submission of interrogatories by the defendant to the plaintiffs constitutes a waiver of the right of the plaintiffs to testify to the facts and circumstances surrounding the accident under the Dead Man's Statute of Pennsylvania, P.L. 158, Section 5, Clause (e), 28 P.S., Section 322.

It is the considered judgment of the court that the presentment of the interrogatories prior to the death constitutes a waiver of the Dead Man's Statute and that the plaintiffs should be permitted to testify at the time of trial.

Now, therefore, this 8th day of August, 1968, it is ordered and directed that at the time of trial the plaintiffs should be permitted to testify as to any facts and circumstances relative to the accident.


Summaries of

Treharne v. Callahan

United States District Court, W.D. Pennsylvania
Aug 8, 1968
288 F. Supp. 131 (W.D. Pa. 1968)
Case details for

Treharne v. Callahan

Case Details

Full title:William TREHARNE, a minor, by Jeanne Treharne, and John F. Treharne, his…

Court:United States District Court, W.D. Pennsylvania

Date published: Aug 8, 1968

Citations

288 F. Supp. 131 (W.D. Pa. 1968)

Citing Cases

Treharne v. Callahan

Since the defendant executrix was unable to testify because of illness, the only evidence offered by the…

Hood v. Welch

The question has troubled us primarily because the contrary conclusion has been reached in the only other…