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" 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 - Страница 274
написао/ла 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 - 1884
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Albany Law Journal, Том 22

1880 - 554 страница
...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...
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Albany Law Journal, Том 22

1880 - 556 страница
...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...
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The American Reports: Containing All Decisions of General Interest ..., Том 36

Isaac Grant Thompson - 1881 - 968 страница
...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...
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The York Legal Record, Том 31

1917 - 258 страница
...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...
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The Ohio Law Journal, Том 6

1884 - 434 страница
...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...
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The Pacific Reporter, Том 9

1886 - 988 страница
...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...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Том 8

1886 - 982 страница
...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...
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Albany Law Journal, Том 35

1887 - 542 страница
...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...
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The American and English Railroad Cases: A Collection of All Cases ..., Том 28

1887 - 764 страница
...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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The Supreme Court Reporter, Том 7

1887 - 1458 страница
...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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