REED V. MCCORD
160 N.Y. 330, 54 N.E. 737 (1899)
NATURE OF THE CASE: This was a wrongful death action. Appealed.
FACTS: Reed's (P) decedent was killed in an accident with a machine. At trial on the
wrongful death action, P attempted to introduce testimony given by McCord (D) at an earlier
hearing before the board of coroners. D was not present at the time of the accident, and
therefore had no personal knowledge of what had happened. However, he testified as to the
circumstances of the accident as he had learned them from others who were present. D
objected to the admissibility of this testimony because it was not based on personal
knowledge. The testimony was admitted at trial, and D appealed the judgment holding him
liable for the accident.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment