Caswell v. Satterwhite

277 S.W.2d 237
CourtCourt of Appeals of Texas
DecidedMarch 31, 1955
Docket3257
StatusPublished
Cited by19 cases

This text of 277 S.W.2d 237 (Caswell v. Satterwhite) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caswell v. Satterwhite, 277 S.W.2d 237 (Tex. Ct. App. 1955).

Opinions

McDONALD, Chief Justice.

Appellee Satterwhite as plaintiff sued appellants Caswell and Harvin as defendants for $1,500, seeking recovery of damages to his ambulance which was struck by a truck belonging to appellant Caswell and driven by appellant Harvin. Parties will hereafter be referred to as in the Trial Court.

Plaintiff alleged that his ambulance carrying an extremely sick patient, with its emergency lights flashing and its siren sounding, was struck as the result of a number of acts and omissions • on the part of defendants constituting negligence. Defendants [239]*239brought a cross action and alleged contributory negligence. One of plaintiff’s witnesses, Johnson, as to the value of the ambulance before and after the accident, testified that the value of the ambulance before the accident was between $4,200 and $4,500 and that its value after the accident was $1,800 to $2,200. When this evidence was admitted plaintiff, by trial amendment, raised the amount of damages pled for from $1,500 to $2,700.

The jury returned a verdict finding the plaintiff not negligent, and the defendant negligent, and fixed the value of the ambulance at $4,200 before the accident and $2,200 after the accident. The Trial Court granted plaintiff judgment against defendants for $2,000.

Defendants appeal to this court on six Points of Error: 1) That the Trial Court erred in excluding from evidence a letter written to defendants by a Mr. Bowers, then attorney for plaintiff, which purportedly fixed the damage to plaintiff’s ambulance at $300. 2) That the evidence was wholly insufficient to qualify the witness Johnson to testify as an expert as to the value of the ambulance. 3) That there is no competent evidence to support the jury’s finding and the judgment for damages in the amount of $2,000. 4) That the Trial Court erred in not admitting into evidence testimony concerning a settlement in the Justice Court of a cause of action filed by defendants against plaintiff, which grew out of the same facts as involved in this case. 5) That the Trial Court erred in holding that plaintiff’s ambulance was being operated in response to an emergency call, and in submitting the cause to the jury on this theory. 6) That the Trial Court erred in allowing the jury to find excessive damages and in not ordering a remittitur.

Defendants’ 1st Point of Error complains of the Trial Court’s action in excluding from evidence a letter written to defendant by a Mr. Bowers, who was the home-town attorney for plaintiff. The letter advised defendant that the writer was attorney for plaintiff; referred to the accident and to plaintiff’s damaged ambulance ; and then contained this language: “Two concerns made an estimate on the necessary repairs, and the amount of the damage is $300 as fixed by said estimates, which we bélieve to be as reasonable as it will be possible to obtain from reputable repair shops. I request that you let me have your remittance for this amount * * ⅜)»

We believe that admissions of facts made in collection letters written by an attorney in reference to a claim in his hands are competent evidence against his client, if the attorney was authorized to present the claim out of court. 97 A.L.R., Part III, p. 395; Logre v. Galveston Electric Co., Tex.Civ.App., 146 S.W. 303; St. Paul Fire & Marine Ins. Co. v. Clark, Tex.Civ.App., 200 S.W. 229; Parker v. Louisville & N. L. Co., 230 Ill.App. 259. We believe that the tendered letter was admisisble in evidence. However, a review of the record in this cause reflects that plaintiff testified that he had engaged Mr. Bowers to look after the matter of the damaged ambulance for him; that Mr. Bowers wrote a letter to defendant, sending plaintiff a carbon copy of same; that plaintiff told Mr. Bowers the amount of damages to the ambulance; and that he had 2 estimates fixing the damage to the ambulance at $300; and that these estimates were reasonable and from reputable repair shops. Plaintiff then reiterated that the damages were $300.

Thus we see that all information contained in the letter zvas in the record and before the jury from the testimony of the plaintiff himself. Since such is the fact, defendants must be deemed to have received the benefit of all of these matters, so that the exclusion of the letter itself as an exhibit could not have been harmful or prejudicial to them. It is well settled that error in the exclusion of evidence will be deemed harmless where other evidence of substantially the same nature and effect is admitted. 3-B Tex.Jur., Sec. 1042. In the following cases our courts have held the erroneous exclusion of a letter or other written memoranda from evidence, to be harmless, when all facts stated in the letter or other memoranda are shown by the rec[240]*240ord otherwise: Sandifer v. Ft. Worth Nat. Bank, Tex.Civ.App., 8 S.W.2d 512; Gulf Oil Corp. v. Smith, Tex.Civ.App., 145 S.W.2d 280; Smith v. International & G. N. Ry. Co., 45 Tex.Civ.App. 81, 99 S.W. 564; Feingold v. Lefkovitz, Tex.Civ.App., 147 S.W. 346, 347; St. Louis Southwestern Ry. Co. v. Kerr, Tex.Civ.App., 184 S.W. 1058; Couch v. Biggers, Tex.Civ.App., 198 S.W. 1101; Sanitary Mfg. Co. v. Gamer, Tex.Civ.App., 201 S.W. 1068; Maxey v. Norsworthy, Tex.Civ.App., 49 S.W.2d 885. Many other cases hold that the exclusion of evidence becomes harmless when the same matters are admitted in other testimony. See Turner v. Hodges’ Estate, Tex.Civ.App., 219 S.W.2d 522; Rose v. O’Keefe, Tex.Com.App., 39 S.W.2d 877; Mansell Bros. v. Kruse, Tex.Civ.App., 173 S.W.2d 461; Kroll v. Scott, Tex.Civ.App., 155 S.W.2d 985; Dudley v. Strain, Tex.Civ.App., 130 S.W. 778; Viduarri v. Bruni, Tex.Civ.App., 179 S.W.2d 818; Service Refining Co. v. Hutcherson, Tex.Civ.App., 179 S.W.2d 772; Falls County v. Young, Tex.Civ.App., 77 S.W.2d 912; Osterloh v. San Antonio Public Service Co., Tex.Civ.App., 77 S.W.2d 290; Green v. Hagens, Tex.Civ.App., 51 S.W.2d 771; Boyd v. Guinn, Tex.Civ.App., 44 S.W.2d 1112; Browning v. Nesting, Tex.Civ.App., 219 S.W.2d 712; Fisher v. Leach, Tex.Civ.App., 221 S.W.2d 384; Hayman v. Dowda, Tex.Civ.App., 233 S.W.2d 466; Ebberts v. Carpenter Production Co., Tex.Civ.App., 256 S.W.2d 601.

We therefore hold that the error in excluding the letter written by Mr. Bowers to defendants was harmless error and did not prejudice the defendants since the same information was elicited from the plaintiff himself and was thus before the jury.

.[4,5] Defendants’ 2nd Point contends that the evidence is wholly insufficient to qualify the witness Johnson as an expert to testify in answer to hypothetical questions as to the value of the ambulance, which he had never seen. An examination of the record reveals that the witness Johnson worked for Hamilton Motor Co., where his job was estimator of the values of automobiles — wrecks and trade-ins, and things likes that;

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Caswell v. Satterwhite
277 S.W.2d 237 (Court of Appeals of Texas, 1955)

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277 S.W.2d 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caswell-v-satterwhite-texapp-1955.