Hertz v. Graham

292 F.2d 442 (2nd Cir. 1961)

Facts

P owned a horse, Speedy Wave. D owned a horse, Star of Roses. The two horses collided on the training track at Belmont Park and both died. The jury gave the verdict to P. D appealed based on the admission into evidence of three depositions from the suit for damages to the jockey of P's horse in that one of the parties was at Belmont Park when the deposition was read into evidence.