Page:United States Statutes at Large Volume 76A.djvu/486

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–390–

-390§ 2899. Habit or custom to prove specific behavior Evidence of habit or custom is relevant to an issue of behavior on a specified occasion, but is admissible on that issue only as tending to prove that the behavior on such occasion conformed to the habit or custom. § 2900. Opinion and specific instances of behavior to prove habit or custom Testimony in the form of opinion is admissible on the issue of habit or custom. Evidence of specific instances of behavior is admissible to prove habit or custom if the evidence is of a sufficient number of such instances to warrant a finding of such habit or custom. § 2901. Subsequent remedial conduct When after the occurrence of an event remedial or precautionary measures are taken, which, if taken previously would have tended to make the event less likely to occur, evidence of such subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. § 2902. Offer to compromise and the like, not evidence of liability Evidence that a person has, in compromise or from humanitarian motives furnished or offered or promised to furnish money, or any other thing, act or service to another who has sustained or claims to have sustained loss or damage, is inadmissible to prove his liability for the loss or damage or any part of it. This section shall not affect the admissibility of evidence (1) of partial satisfaction of an asserted claim on demand without questioning its validity, as tending to prove the validity of the claim, or (2) of a debtor's payment or promise to pay all or a part of his pre-existing debt as tending to prove the creation of a new duty on his part, or a revival of his pre-existing duty. § 2903. Offer to discount claim, not evidence of invalidity Evidence that a person has accepted or offered or promised to accept a sum of money or any other thing, act or service in satisfaction of a claim, is inadmissible to prove the invalidity of the claim or any pait of it. §2904. Liability insurance pjvidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible as tending to prove negligence or other wrongdoing. § 2905. Other crimes or civil wrongs Subject to section 2897 of this title, evidence that a person committed a crime or civil wrong on a specified occasion is inadmissible to prove his disposition to commit crime or civil wrong as the basis for an inference that he committed another crime or civil wrong on another specified occasion but, subject to sections 2895 and 2898 of this title, such evidence is admissible when relevant to prove another material fact including absence of mistake or accident, motive, opportunity, intent, preparation, plan, knowledge or identity. Subchapter VII—Expert and Other Opinion Testimony § 2931. Testimony in form of opinion (a) If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to such opinions or inferences as the judge finds (1) may be rationally based on the perception of the witness and (2) are helpful to a clear understanding of his testimony or to the determination of the fact in issue.