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... Reports of Cases Decided in the Court of Appeals of the State of New York - Page 274by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Hiram Edward Sickels, Samuel Hand, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884Full view - About this book
| Law - 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... | |
| Law - 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 - Law reports, digests, etc - 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... | |
| Law - 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... | |
| Law - 1884 - 434 pages
...writing the opinion and speaking of the declaration of the engineer, said: "It was made nt the timeof the accident, in view of goods strewn along the road...court in further illustration of this rule. In Moore v. Meacham, 10 N. V , 207, the plaintiff sought to show his own declarations, while performing, or... | |
| Law reports, digests, etc - 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... | |
| Law reports, digests, etc - 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... | |
| Law - 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... | |
| Railroad law - 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... | |
| Law reports, digests, etc - 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... | |
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