Meekins v. Railroad Co.
Supreme Court of North Carolina
ActioN by J. O. Méekins against the Norfolk and Southern Railroad Company, heard by Judge W. A. Hóke and a jury, a.t Spring Term, 1904, of the Superior Court of Tyr-rell County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtClark, C. J.
A witness on a former trial testified, among other matters, to hearsay — the unsworn declarations of the intestate as to the circumstances attending the injury— which, though incompetent, had been admitted on such trial because not objected to. On this trial below, the witness having died, the plaintiff offered to prove such Avitness’ testimony on the former trial. The defendant objected to the admission of proof of that part of the testimony AA'hich was incompetent. The Judge admitted the testimony and the defendant excepted.
If the witness were living the defendant Avould not haA^e been…
2Cases cited1 opinion
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of North Carolina · 1902
3Cited by1 opinion
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