Liner v. United States Torpedo Co.

We are of the opinion we erred in our former decision in reversing the judgment of the Court of Civil Appeals, wherein it remanded the cause to the trial court. We held that the statement of the employs Blair as detailed by the witness Mims some time after the explosion occurred was not a part of the res geste, but that it was nevertheless admissible because he was the company’s representative having in charge the work of shooting the well. This was error. The admissions of a representative of another, under the circumstances such as these, are admissible only when they constitute a part of…