Finkelstein v. Keene Electric Railway Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for tbe defendants. Transferred from the April term, 1908, of the superior court by Stone, J. The plaintiff was injured while, or just after, alighting from the defendants’ car. The conductor of the car was called by the defendants and testified in regard to what occurred at the time the plaintiff was injured.
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Case, for personal injuries. Trial by jury and verdict for tbe defendants. Transferred from the April term, 1908, of the superior court by Stone, J. The plaintiff was injured while, or just after, alighting from the defendants’ car. The conductor of the car was called by the defendants and testified in regard to what occurred at the time the plaintiff was injured. On cross-examination, he testified that some days afterward he made a written report to the company at the request of the company’s superintendent. On redirect examination, the report was ruled in, subject to the plaintiff’s…
1Opinion of the CourtWalker, J.
The report should have been excluded. The fact that upon the plaintiff’s cross-examination of the defendant’s conductor' it appeared that he made a report of the accident to the defendant, did not render the report competent as affirmative evidence for the defendant of the truth of the facts stated therein. Because one party proved the fact that a report was made did not authorize the other party to prove the contents of the report. The plaintiff did not offer any part of the report as evidence, and the question whether the defendant might then use other parts of it or the whole of it as…
2Cases cited2 opinions
- Whitman v. MoreySupreme Court of New Hampshire · 1885
- Page v. HazeltonSupreme Court of New Hampshire · 1907
3Cited by3 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Green v. ShawSupreme Court of South Carolina · 1926
- State v. NaylorOregon Supreme Court · 1915