Giberson v. Patterson Mills Co.
Supreme Court of Pennsylvania
Appeal, No. 235, Jan. T., 1897, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1894, No. 114, on. verdict for plaintiff. Trespass for personal injuries. Before Clayton, P. J. The facts appear by the charge of the court below, and by the former report of the case in 174 Pa. 369. At the trial the. plaintiff offered in evidence the notes of testimony of Newlin Trainer taken at the first trial.
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Appeal, No. 235, Jan. T., 1897, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1894, No. 114, on. verdict for plaintiff. Trespass for personal injuries. Before Clayton, P. J. The facts appear by the charge of the court below, and by the former report of the case in 174 Pa. 369. At the trial the. plaintiff offered in evidence the notes of testimony of Newlin Trainer taken at the first trial. The defendant objected because no efforts had been made to produce the witness. The court admitted the testimony on the ground that the witness was out of the state, and could not be…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
When this case was here before — 174 Pa. 369 — we held that the learned judge of the court below erred in admitting in evidence the declarations of Davis, the superintendent, to the effect that the hanger in question was, prior to the accident, condemned as defective. The objection to the declarations was that they were made several days after the accident and were, therefore, under a well-settled rule applicable to them, inadmissible in evidence for the purpose for which they were offered and received. In support of the rule above mentioned it is sufficient to…
2Cases cited2 opinions
- Huntingdon & Broad Top Mountain Railroad & Coal Co. v. DeckerSupreme Court of Pennsylvania · 1876
- Giberson v. Patterson Mills Co.Supreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Almar Building & Loan Ass'n v. Broad Street Trust Co.Superior Court of Pennsylvania · 1934
- Wabash Railroad v. MillerIndiana Court of Appeals · 1901
- Lemon v. Lonker Et Ux.Superior Court of Pennsylvania · 1929
- Vacca v. GasperoPennylvania Municipal Court, Philadelphia County · 1942