Ames v. New York, New Haven, & Hartford Railroad

To establish the proposition that her buildings were destroyed by fire communicated by the locomotive engines of the defendant, the plaintiff offered in evidence the deposition of Mrs. Eugenia M. Moore (who was deceased at the time of the trial) wherein she testified that shortly after the fire and before the commencement of this action her husband who afterwards had died made certain declarations relative to its origin. These declarations were made on the Sunday following the fire, to the plaintiff and her husband, at the house of the declarant.

The deponent testified: “He said sparks from…