Cottom v. Klein

The trial court admitted the father’s declarations solely upon the ground that they were competent for the purpose of impeaching the testimony of the father.

Cottom was not the real party in interest; he was acting in the capacity of next friend only. Had Cot-tom been the plaintiff in the suit, seeking recovery of damages, declarations made by him as such party that the cause of the collision was his own fault, might be admissible as a declaration of interest as against himself. Were the declarations of fault admissible against the child? Cottom had not denied that the child had broken away…