Legal Opinion
Murphy Auto Parts Co. v. Ball ex rel. Ball
Court of Appeals for the D.C. Circuit
Decided October 25, 1957No. Nos. 13599, 13600PublishedCited by 19 opinions
1Opinion of the Court
BURGER, Circuit Judge.
The issue presented by this appeal is whether an alleged out of court utterance of an employee, driving his own car after working hours, stating that he was on an errand for his employer, is admissible to show that he was in fact engaged in his employer’s business at the time of a collision with a pedestrian, where the statement is a spontaneous declaration or excited utterance.
The facts are essential to a complete understanding of the precise legal issues presented. Appellee Thomas Ball, a minor, was injured in 1952 when struck by a passenger car owned and driven by…
2Cases cited8 opinions
- Coryell v. Clifford F. Reid, Inc.California Court of Appeal · 1931
- Deater v. Penn Machine Co.Supreme Court of Pennsylvania · 1933
- Lowie v. Dixie Stores, Inc.Supreme Court of South Carolina · 1934
- Chantry v. Pettit Motor Co.Supreme Court of South Carolina · 1930
- Metropolitan Railroad v. CollinsCourt of Appeals for the D.C. Circuit · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. NarcisoDistrict Court, E.D. Michigan · 1977
- United States v. Irie E. Leonard, United States of America v. James L. SarvisCourt of Appeals for the D.C. Circuit · 1974
- Steadman v. United StatesDistrict of Columbia Court of Appeals · 1976
- Watts v. SmithDistrict of Columbia Court of Appeals · 1967
- Bernard Smith v. United StatesCourt of Appeals for the D.C. Circuit · 1962
14 more not listed; retrieve them via the Exa API.