Murray v. Boston & Maine Railroad
Supreme Court of New Hampshire
The plaintiff’s evidence tended to prove the following facts: At the time of the accident, and for some time prior thereto, Baker was in the employ of the defendants as a freight brakeman. The crew to which he belonged had no regular run, but worked on extras on the lines of the defendants’ road running out of Nashua. During the two months before the accident, they had been over the road from Nashua to Keene about a dozen times.
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The plaintiff’s evidence tended to prove the following facts: At the time of the accident, and for some time prior thereto, Baker was in the employ of the defendants as a freight brakeman. The crew to which he belonged had no regular run, but worked on extras on the lines of the defendants’ road running out of Nashua. During the two months before the accident, they had been over the road from Nashua to Keene about a dozen times. The accident occurred in the yard at Greenfield, at about two o’clock in the morning, while the crew were engaged in making up their train. Baker was the “ middle…
1Opinion of the CourtWalker, J.
It is claimed that Baker’s statement made directly after the infliction of his injury was not admissible. If the declaration was merely a narrative of a past event, the evidence of it would be inadmissible, upon the ground that ordinarily hearsay evidence is not received in proof of the truth of an assertion. The uniform practice of the courts in common-law jurisdictions has resulted in the establishment of this principle, as a necessary and useful rule in the investigation of questions of fact. But when the declaration of one not a sworn witness upon the trial is something-more than mere…
2Cases cited20 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- People v. GageMichigan Supreme Court · 1886
- Keyes v. StateIndiana Supreme Court · 1890
- Louisville & Nashville Railroad v. PearsonSupreme Court of Alabama · 1892
- People v. VernonCalifornia Supreme Court · 1868
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3Cited by33 opinions
- Commonwealth v. HarrisSupreme Court of Pennsylvania · 1945
- Southern Railway Co. v. BrownSupreme Court of Georgia · 1906
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Busch v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Lambrecht v. SchreyerSupreme Court of Minnesota · 1915
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