Spatz v. Lyons
New York Supreme Court
THIS action was brought to recover damages for injuries alleged to have been inflicted on the plaintiff’s wife - by the defendant, which caused her death. Upon the trial of the cause, the statement made by the wife to the plaintiff, after she had returned to her home, was offered in evidence. This evidence was admitted to show who the person was that committed the assault; and the conversation as to the defendant was on the day after the assault.
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THIS action was brought to recover damages for injuries alleged to have been inflicted on the plaintiff’s wife - by the defendant, which caused her death. Upon the trial of the cause, the statement made by the wife to the plaintiff, after she had returned to her home, was offered in evidence. This evidence was admitted to show who the person was that committed the assault; and the conversation as to the defendant was on the day after the assault. The admission of the evidence was excepted to by the defendant. The defendant moved for a dismissal of the complaint, which was refused, and the…
1Opinion of the CourtIngraham, P. J.
The decision of this appeal necessarily involves the validity of the exceptions taken on the trial. No cause is assigned by the justice for granting a new trial, and whatever would have been a sufficient ground for setting aside the verdict would justify the order appealed from.
Had the evidence objected to been a conversation with the deceased immediately after the occurrence, it might have been admissible as part of the res. gestee. Even such conversations have been held inadmissible by some judges; but I know of no case in which conversations held the next day, with the injured party, have…
2Cases cited1 opinion
- Goodwin v. HarrisonConnecticut Superior Court · 1781
3Cited by2 opinions
- Atchison, Topeka & Santa Fé Railroad v. JohnsSupreme Court of Kansas · 1887
- Wasilewski v. WendellCity of New York Municipal Court · 1887