Travelers Fire Insurance Co. v. Wright

322 P.2d 417 (1958)

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Travelers Fire Insurance Co. v. Wright

Oklahoma Supreme Court
322 P.2d 417 (1958)

SC
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Facts

J.B. Wright (J.B.) was charged with the crime of arson in the burning of his property. Subsequently, J.B., along with his partner, J.C. Wright (J.C.) (plaintiffs), brought suit against Travelers Fire Insurance (Travelers) (defendant) to recover under their fire insurance policy. Travelers sought to introduce into evidence the testimony of two witnesses who had testified against J.B. in the criminal trial, stating that J.B. had set up the burning of his property himself. The witnesses were not available to testify in the civil trial because they claimed the Fifth Amendment privilege against self-incrimination. The trial court excluded the testimony and found in favor of J.B., and J.C. Travelers appealed.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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