Metropolitan Railroad v. Collins
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from an order .of the Supreme Court of the District of Columbia, holding a law term, overruling a motion for a new trial on bill of exceptions in an action for personal injuries. The Court in its opinion stated the case as follows: This is an appeal from a judgment rendered for plaintiff in an action for damages on account of an injury received by her while a passenger on defendant’s horse cars.
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Hearing on an appeal by the defendant from an order .of the Supreme Court of the District of Columbia, holding a law term, overruling a motion for a new trial on bill of exceptions in an action for personal injuries. The Court in its opinion stated the case as follows: This is an appeal from a judgment rendered for plaintiff in an action for damages on account of an injury received by her while a passenger on defendant’s horse cars. The evidence on behalf of plaintiff tends to show'that she was in the act of stepping into the car at the corner of F and Ninth streets, which is a transfer…
1Opinion of the CourtJustice Shepard
1. The authorities, though not entirely, are mainly agreed in the statement of the general rule as to when evidence ceases to be objectionable as hearsay and becomes admissible as part of the res gestae. This rule is, that the declarations must be made by a party to the transaction, must grow out of it, serve to illustrate its character, and derive some degree of credit from it. They must be undesigned incidents of the very act in controversy; spontaneous emanations therefrom, and must not have force independent thereof, or be dependent for their effect on the credibility of the person making…
2Cases cited23 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
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3Cited by4 opinions
- Watts v. SmithDistrict of Columbia Court of Appeals · 1967
- Murphy Auto Parts Co. v. Ball ex rel. BallCourt of Appeals for the D.C. Circuit · 1957
- Sanitary Grocery Co. v. SneadCourt of Appeals for the D.C. Circuit · 1937
- Murphy Auto Parts Company, Inc. v. Thomas Charles Ball, Through His Next Friend, Rita H. Ball, Murphy Auto Parts Company, Inc. v. George J. Ball, Sr., and Rita H. BallCourt of Appeals for the D.C. Circuit · 1957