3 Binn. 326 | Pa. | 1811
On the trial of this cause at Nisi Prius, Judge Brackenridge reserved a point of law, for the consideration of this court. The agent of the plaintiffs, when he demanded payment of the loss, lodged with the bioker through whom the insurance was effected, sundry documents to prove the loss, and among others, a writing purporting to be a copy of a decree of the English court of appeals in admiralty cases, not certified under the seal of the court. The defendant’s counsel objected to the reading of this paper to the jury; but it was permitted to be read, not as evidence of
I am of opinion, that the paper, which was objected to in this case, ought not to have been read, and therefore there should be a new trial.
I am not prepared to dissent from the opinion of the Chief Justice. I admitted the evidence with considerable doubt, and am now satisfied to take the rule as it is laid down by my brethren.
New trial awarded.