Cossette v. Lepp

Two issues are raised on this appeal:

1. Did the trial court err in admitting into evidence the testimony of witnesses concerning declarations made by the deceased ?

2. Is there any credible evidence to support the jury finding that the defendant was causally negligent?

Declarations of Decedent.

Two witnesses testified over objection that Raymond Cossette told them that he “tripped and fell” down the stairs. A third witness testified that the deceased said he “fell.”

*396Vite stated that when he found Cossette slumped on the stairs he asked what had happened and Cossette replied that he “tripped and…