Redmon v. Austin

PRESIDING JUSTICE WELCH,

dissenting:

For the reasons which follow, I dissent. I do not agree that Lieutenant Acker’s testimony that he had been told by one or two young men whom he believed to be occupants of the automobile in which plaintiffs were riding that “the driver had lost control of the vehicle coming across the railroad tracks” constituted inadmissible hearsay. Instead, I believe that the out-of-court statement was admissible under the exception to the hearsay rule for admissions of a party-opponent. Lieutenant Acker’s testimony sufficiently established that the statement was made by…