Sorenson v. Dundas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for false imprisonment. Defendant appealed from a judgment in the plaintiff’s favor. The error for which the judgment is reversed, will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Dane County. Action for false imprisonment. Defendant appealed from a judgment in the plaintiff’s favor. The error for which the judgment is reversed, will sufficiently appear from the opinion. To the point that the plaintiff’s declarations, made after the acts constituting the alleged false imprisonment, and after the parties had separated, constituted no part of the res gestee, and were improperly admitted in evidence, they cited 1 Wharton on Ev., § 259; 1 Taylor on Ev., §26; Starkie on Ev., 89; 1 Greenl. Ev., § 110; Boehwell v. Taylor, 41 Conn., 55;…
1Opinion of the Court
EyaN, O. J.
A meeting, material to the issue, took place between the parties. The court below permitted the respondent to testify in chief, in his own behalf, to an account of the meeting which he gave to strangers, after it had ended and the parties had finally separated. This was not part of the transaction, bnt a subsequent narrative of it. Declarations are verbal parts of the res gestee, only when they are contemporaneous. The respondent’s narrative, after the occurrence, belonged no more to the res gestee, than his evidence on the trial. It is too clearly inadmissible for discussion. 1…
2Cited by13 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Mack v. StateWisconsin Supreme Court · 1880
- Felt v. AmidonWisconsin Supreme Court · 1877
- Fitzgerald v. Town of WestonWisconsin Supreme Court · 1881
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