Palatine Insurance v. Santa Fe Mercantile Co.
New Mexico Supreme Court
The declarations and conduct of third persons at the very time of the accident or injury which they witness are admissible. Jones on Evidence, Secs. 874-875-876; Galena & Co. R. R. Co. v. Fajr, 63 Am. Dec. 324, 16 111. 558; State v. Walker, 78 ]^o. 380; Kleiber v. Peoples Ry.
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The declarations and conduct of third persons at the very time of the accident or injury which they witness are admissible. Jones on Evidence, Secs. 874-875-876; Galena & Co. R. R. Co. v. Fajr, 63 Am. Dec. 324, 16 111. 558; State v. Walker, 78 ]^o. 380; Kleiber v. Peoples Ry. Co., 107 Mo. 240. A party producing a witness may interrogate such witness in respect to previous statements inconsistent with the present testimony, for the purpose of probing his recollection. 3 Jones on Evidence, Sec. 858 and note 7; 1 Greenleaf on Evidence, Sec. 444 and note. Opinion evidence as to whether or not the…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J.
— Defendant in error, plaintiff below, suffered a loss by fire in the city of Santa Fe. It was insured by. the several plaintiffs in error and in due time the extent of-the loss was adjusted by representatives of the several insurance companies. Plaintiffs in error failing to pay the- loss; defendant in error brought suit in the county of Santa Fe against the several plaintiffs in error to recover the same. Thereafter the causes were consolidated and the venue changed to San Miguel county. Trial was had resulting in a verdict and judgment for defendant in error.…
2Cases cited9 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878
- People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
- State v. GrahamSupreme Court of North Carolina · 1897
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
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3Cited by10 opinions
- State Ex Rel. State Highway Commission v. SteinkrausNew Mexico Supreme Court · 1966
- Gerrard v. Harvey & Newman Drilling CompanyNew Mexico Supreme Court · 1955
- Seal v. Blackburn Tank Truck ServiceNew Mexico Supreme Court · 1958
- State v. LopezNew Mexico Court of Appeals · 2009
- State v. HansonNew Mexico Court of Appeals · 2015
5 more not listed; retrieve them via the Exa API.