Hamilton v. Reinemann

Defendants’ contentions may thus be summarized : (1) The trial court erroneously admitted testimony of witnesses to declarations made after the accident by defendant’s driver which tended to convict him of negligence. The objection is that these declarations were hearsay, were not part of the res gestae, and did not constitute impeaching testimony. (2) Except for these statements erroneously admitted, there was no evidence of negligent want of control by defendant’s driver. (3) The award of damages for pain and suffering is excessive. In order that the significance of the first two…