 We cannot say," said the court, "that the declaration of the engineer was no part of the res gestee. It was made at the time, in view of the goods strewn along the road by the breaking up of the boxes, and seems to have grown directly out of and immediately...  The Ohio Law Journal - Page 1531884Full view - About this book
 | 1880 - 554 pages
...was made at the time of the accident, in view of the goods strewn along the road by the breaking up of the boxes, and seems to have grown directly out...company as a part of the very transaction itself." HR Co. v. Coyle, 55 Penn. St. 896. In Luby v. HRR Co., 17 NY 131, the plaintiff was run against and... | |
 | 1880 - 556 pages
...was made at the time of the accident, in view of the goods strewn along the road by the breaking up of the boxes, and seems to have grown directly out...company as a part of the very transaction itself." HR Co. v. Coyle, 55 Penn. St. 396. In Luby v. HRR Co., 17 NY 131, the plaintiff was run against and... | |
 | Isaac Grant Thompson - 1881 - 968 pages
...of the accident, in view of the goods strewn along the road by the breaking up of the boxes ; and it seems to have grown directly out of and immediately...not evidence against the company as a part of the transaction itself." "Whatever may be the difficulty iii some cases of determining what declarations... | |
 | 1917 - 258 pages
...402, fit our case, — "The negligence complained of being that of the engineer himself, we can not say that his declarations, made upon the spot, at...company, as a part of the very transaction itself." To the same effect is the ruling in Conlon v. Pittsburg Railway Co., 223 Pa. 101. The declarations... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 pages
...writing the opinion and speaking of the declaration of the engineer, eaid : " It was made at the time of the accident, in view of goods strewn along the road...court in further illustration of this rule. In Moore \. Meacham (10 Opinion of the Court, per EARL, J. NY 207), the plaintiff sought to show his own declarations,... | |
 | 1886 - 982 pages
...The negligence complained of being that of the engineer himself, we cannot say that his declaration made upon the spot, at the time and in view of the...not evidence against the company as a part of the transaction itself." To the same effect will be found Waldele v. NY & HEE Co., 95 N. ¥., 284; State... | |
 | 1886 - 988 pages
...The negligence complained of being that of tin: engineer himself, we cannot say that his declaration made upon the spot at the time, and in view of the...not evidence against the company as a part of the transaction itself." To the same effect will be found Waldele v. New York Cent. & H. R. Co., 95 NY... | |
 | 1887 - 542 pages
...res gestcs. It was made at the time, in view of the goods strown along the road by the breaking up of the boxes, and seems to have grown directly out...company as a part of the very transaction itself.' In the case of Elkins v. McKean, 79 Penn. St. 493. the plaintiff sued the defendant for damages caused... | |
 | 1887 - 1458 pages
...res gestee. It was made at the time, in view of the goods strewn along the road by the breaking up of the boxes, and seems to have grown directly out...company as a part of the very transaction itself." What time may elapse between the happening of the event in respect to which the declaration is made... | |
 | 1887 - 764 pages
...res gestos. It was made at the time, in view of the goods strewn along the road by the breaking up of the boxes, and seems to have grown directly out...company as a part of the very transaction itself." In the case of Elkins v. McKean, 79 Pa. St. 493, the plaintiff sued the defendant for damages caused... | |
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