PROECHEL
v.
UNITED STATES

U.S. | 1932-11-14
No. 494
287 U.S. 658 Supreme Court of the United States (1932) Positive Treatment
Cited by 1 case
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  • Fort Worth & Denver Ry. Co. v. Janski, 223 F.2d 704 (5th Cir. 1955)
    …Jones on Evidence, 2d Ed. 2425, § 1326. But the facts supporting the hypothesis of the question need not be in evidence where the facts assumed are supplied by later testimony. Proechel v. United States, 8 Cir., 1932, 59 F. 2d 648, certiorari denied 287 U.S. 658, 53 S.Ct. 122, 77 L.Ed. 568. This corollary of the rule would be particularly applicable where the witness from whom an answer to a hypothetical question is sought is put on out of turn. Such is not the situation here. No showing was made and no eff…

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