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Dallas County v. Commercial Union Assurance Co.

United States Court of Appeals for the Fifth Circuit

286 F.2d 388 (1961)

Relevant factsFree

After Dallas County's (plaintiff) courthouse clock tower collapsed, the county attributed it to a lightning strike based on charred debris, but insurers (defendants) sought to introduce a 1901 newspaper article reporting an earlier courthouse fire to show the char came from that older fire instead; the trial court admitted the article, and the jury found for the insurers.

IssueFree

Whether, when a fact is generally known throughout the community and occurred so long ago that eyewitness testimony is not trustworthy or available, a newspaper article is admissible to show the fact.

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