Nebonne v. Concord Railroad
Supreme Court of New Hampshire
Case, for injuries received by the plaintiff, in being run over and having his foot crushed by a car of the defendants. Trial by jury. The plaintiff, subject to exception, introduced evidence of a conversation between himself and one Wheeler, who was the conductor of the train-by which the injury was caused- This conversation was held about two months after the accident, and tended to show negligence in respect to the starting of the train.
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Case, for injuries received by the plaintiff, in being run over and having his foot crushed by a car of the defendants. Trial by jury. The plaintiff, subject to exception, introduced evidence of a conversation between himself and one Wheeler, who was the conductor of the train-by which the injury was caused- This conversation was held about two months after the accident, and tended to show negligence in respect to the starting of the train. Wheeler was a witness for the defendants, and testified that he had no recollection of such a conversation.
1Opinion of the Court
Blodgett^ J.
The alleged statement of the conductor of the defendants’ railway train as to the way in which the plaintiff was injured, made some two months after the injury, was incompetent, and should have been rejected. The accident had long since become a completed fact, and the statement was only the narration by an agent of a past occurrence, and not a part of the res gestee. Doubtless the declarations and admissions of a party, whenever made, may be given in evidence against him, and “ where the acts of the agent will bind the principal, there his representations, declarations, and…
2Cases cited3 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Packet Co. v. CloughSupreme Court of the United States · 1874
3Cited by7 opinions
- Attleboro Mfg. Co. v. Frankfort Marine, Accident & Plate Glass Ins.Court of Appeals for the First Circuit · 1917
- Semprini v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Hunkins v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1933
- Clough v. Rockingham County Light & Power Co.Supreme Court of New Hampshire · 1908
- Guerin v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1899
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