Legal Opinion

Norwich Transportation Co. v. Flint

Supreme Court of the United States

Decided December 15, 1871PublishedCited by 1 opinion

Error to the Circuit Court for the District of Connecticut. Flint brought an action on the case in the court below against the Norwich and New York Transportation Company, to recover damages for an injury received by him in June, 1864, while a passenger on their steamboat, running from New London to New York. The plaintiff, with othe'r passengers from Boston, went on board of the boat at New London about eleven o’clock in the evening.

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Error to the Circuit Court for the District of Connecticut. Flint brought an action on the case in the court below against the Norwich and New York Transportation Company, to recover damages for an injury received by him in June, 1864, while a passenger on their steamboat, running from New London to New York. The plaintiff, with othe'r passengers from Boston, went on board of the boat at New London about eleven o’clock in the evening. A detachment of United States soldiers—sixty, perhaps, in number—were on board, and were behaving in a disorderly and riotous manner, having overpowered their…

1Opinion of the CourtJustice Bradley

It is hardly necessary for us to enter into a lengthy discussion on the admissibility of the testimony in question. The opinion of the Circuit Court, which has been laid before us, is sufficiently full op the subject, and need not be repeated. We have no hesitation in regarding the incident testified to as part of the res gestee, and as entirely competent for the purposes for which it was offered. The statements of the sergeant were not offered in evidence for the purpose of proving the facts stated by him, but the whole incident (including those statements) was adduced in evidence for the…

2Cited by1 opinion

  1. Norwich Transportation Company v. FlintSupreme Court of the United States · 1872

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