Traver v. Smolik
Court of Appeals for the D.C. Circuit
.Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for an alleged assault and battery. The Court in the opinion stated the facts as follows: This is an actipn in tort, brought by appellee, Eosa B. Smolik, plaintiff below, to recover from defendant, Elizabeth T. Traver, damages for an alleged assault and battery.
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.Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action to recover damages for an alleged assault and battery. The Court in the opinion stated the facts as follows: This is an actipn in tort, brought by appellee, Eosa B. Smolik, plaintiff below, to recover from defendant, Elizabeth T. Traver, damages for an alleged assault and battery. It appears that plaintiff was employed at the time in the dressmaking establishment of one Madam Adele in this city. On the day of the alleged assault, plaintiff called at the home of…
1Opinion of the CourtJustice Van Orsdel
Error is assigned in the admission of a statement made by plaintiff to the witness Brooks on her return to her employer’s house. Witness testified that, when plaintiff returned to the shop from defendant’s house, “she was half crying and sort of limping; ” that she stated to witness, “I am hurt, the man has ■thrown me out.” It was error to admit this statement over the objection of defendant’s counsel. The statement was self-serving, and could only be held admissible on the theory that it was *153part of the res gestee. "While the exact time which elapsed between. the commission of the alleged…
2Cases cited11 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Deery v. CraySupreme Court of the United States · 1867
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Gilmer v. HigleySupreme Court of the United States · 1884
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