Keller v. Sioux City & St. Paul Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court foi Bamsey county, Wilkin, J., presiding, refusing a new trial after a verdict of $975 for plaintiff. At the trial the defendant offered to prove a statement of plaintiff’s husband, (who. was travelling with her,) as to the cause of the accident to plaintiff, the statement having been made in answer to a question put to him by the witness — a hotel-keeper.
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Appeal by defendant from an order of the district court foi Bamsey county, Wilkin, J., presiding, refusing a new trial after a verdict of $975 for plaintiff. At the trial the defendant offered to prove a statement of plaintiff’s husband, (who. was travelling with her,) as to the cause of the accident to plaintiff, the statement having been made in answer to a question put to him by the witness — a hotel-keeper. The witness had been at the station when the train arrived, had secured four guests for his hotel, had taken them thither — a distance of about 25 rods from the station — and…
1Opinion of the CourtGilfillan, C. J.
The declaration of plaintiff’s husband was not admissible as evidence. It does not appear to have been made in her hearing, under circumstances that called on her to respond to it, nor under such circumstances as made it a part of the res gestee. It was evidently a narration of a past fact, made merely to satisfy the curiosity of a person who inquired about it.
The plaintiff, aged 67, entered defendant’s cars as a passenger at Mankato, to be conveyed to Sheldon station, Iowa. She was safely carried to Sheldon, and was injured at that place while getting off the car, by reason, as she claims,…
2Cited by28 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
- Flanders v. AumackOregon Supreme Court · 1897
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
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