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Since 1943 other insurance cases in this court have all required a new trial because of the errors committed in admitting the hypothetical question to the expert witness.
*15 The rule of evidence herein announced for the first time should avoid the jury having to guess as to the correct time. It should be carefully considered whether it is in the interest of the administration of justice to give the witness an opportunity to get as close to the correct time as possible. The advantage of the rule is that the jury will have the element of time removed from its consideration by reading back or rereading the testimony. The jury is instructed to reread that testimony at the time the question is reread and to be governed thereby.
In Duncan v. St. Paul-Mercury Indemnity Co., Mo.App., 289 S.W.2d 757, 759, it was held that:
“* * * The effect of the rule is to substitute for the opinion of the witness a positive assertion that the plaintiff was injured in June, 1954. * * *”
The court there further stated:
“* * * It is said that this question, as phrased, had the effect of admitting evidence of a stipulation. The witness was asked about the time when defendant’s insured was riding a bicycle. The witness testified on direct examination, without objection: `I first saw him in September, 1951, riding that bicycle.’ When the question was read to the witness by the court reporter, it omitted the word `driving’. The question was in the past tense. This could not have had any prejudicial effect on defendant, since the witness had stated on direct examination that plaintiff was injured `when he was driving’. * * *”
See also Beelman v. American Ins. Co. of Newark, N. J., Mo.App., 181 S.W.2d 476, 478.
As stated in Cloud v. Travelers Ins

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Descargar seguiremos siendo amigos paula danziger. On. November 2011; PDF; Comments: 5.. The Pueblo library prints and sells Books on CD and Books on DVD.
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. November 2011; PDF; Comments: 5.. The Pueblo library prints and sells Books on CD and Books on DVD. United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2006
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