Herzig v. Swift & Co.
United States Court of Appeals for the Second Circuit
146 F.2d 444 (2d Cir. 1945)
On the issue of damages in a wrongful death action, Herzig (plaintiff) sought to introduce testimony of a partner of the deceased as to the amount of their partnership’s earnings and the deceased’s share of those earnings. The district court rejected the testimony on the grounds that it violated the best evidence rule and the partnership’s books should have been offered as the best evidence of the partnership’s earnings. Herzig appealed.
Rule of Law
Holding and Reasoning (Frank, J.)
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