Opinion

Hartford Accident and Indemnity Co. v. McCardell

  • 6 Tex. Sup. Ct. J. 549
  • 369 S.W.2d 331
  • 1963 Tex. LEXIS 631
Court
Texas Supreme Court
Filed
Jun 26, 1963
Status
Published
Author
Griffin
On the bench
Hamilton, Griffin, Smith, Greenhill, Steakley, Walker
Cited by
242 cases

Abrogated on other grounds by Bay Area Healthcare Group, Ltd. v. McShane, 50 Tex. Sup. Ct. J. 866 (2007)

"[A]lthough the overruling of a motion in limine may be error, it is never reversible error."

How later courts described this case

  • "[A]lthough the overruling of a motion in limine may be error, it is never reversible error."
  • “In neither case — (1) questions not asked or evidence not offered, or (2) questions asked or evidence offered — should the error of the trial court in overruling the motion in limine be regarded as harmful or reversible error.”
  • error to admit evidence of prior settlements and recoveries
  • "In neither case ‑ (1) questions not asked or evidence not offered, or (2) questions asked or evidence offered B should the error of the trial court in overruling the motion in limine be regarded as harmful or reversible error."

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Bay Area Healthcare Group, Ltd. v. McShane, 50 Tex. Sup. Ct. J. 866 (2007)

    369 S.W.2d 331, 335 (Tex. 1963), abrogated on other grounds by Bay Area Healthcare Grp., Ltd. v. McShane, 239 S.W.3d 231
    Texas Supreme CourtJun 8, 20073 citing opinionsother groundsRead it
  • Superseded by statute, as recognized in Bay Area Healthcare Group, Ltd. v. McShane

    369 S.W.2d 331, 338 (Tex.1963), superseded by rule on other grounds as recognized in Bay Area Healthcare Grp., Ltd. v. McShane, 239 S.W.3d 231, 235
    Texas Supreme CourtJun 8, 20072 citing opinionsby statuteother groundsRead it

Distinguished

  • Distinguished by Hall v. Oakley, 409 So. 2d 93 (1982)

    Swan and McCardell, however, are distinguishable on several grounds.
    District Court of Appeal of FloridaJan 18, 1982Read it

The opinion

GRIFFIN, Justice

(concurring in part and dissenting in part).

I agree with the holding that the trial court should have sustained plaintiff’s special exception, but that it was harmless error under the facts of this record.

I disagree with Judge HAMILTON’S holding that certain documentary evidence was inadmissible.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.