Cohodes v. Menominee & Marinette Light & Traction Co.

It is urged that tbe court erred in excluding tbe evidence of tbe witness Noonan, to tbe effect that be beard tire motorman ask, wben be approached plaintiff after sbe bad fallen into tbe street, “why sbe got off tbe car before tbe car stopped, or while tbe car was going, and why sbe didn’t, ring the bell; I did not understand what sbe said; sbe attempted to say something.” This evidence is so closely connected with tbe transaction that it must be deemed to be the-spontaneous utterances of tbe speakers, springing out of the-transaction itself, and hence tbe product of tbe speaker’s mind,…