Semprini v. Boston & Maine Railroad

The testimony concerning the utterance of the fireman was undoubtedly offered for the purpose of showing that the engineer negligently failed to heed a timely warning of the danger to the decedent. This testimony is clearly hearsay, and so is only to be received in evidence if it falls within some exception to the rule which excludes such evidence. It is argued that the testimony should be received either because the fireman’s statement constituted an admission of fault, or else because it formed a part of the res gestae. We are of the opinion that neither argument is tenable.

“An agent’s…