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Evidence Keyed to Sklansky
Reed v. McCord
Citation:54 N.E. 737 (N.Y. 1899)
The plaintiff’s husband was killed by the defendant’s machine. The plaintiff sued the defendant for wrongful death. At trial, the plaintiff called a stenography who testified that the defendant had said that all machines of the make were the same, and that at the time of the husband’s death, the dog of the machine was not in position, which caused the accident; and that “the man who had charge of it supposed the dog was in position, and he released his hold on the thing, and it commenced to revolve, and then he got down so as to put his foot on it, and it was going so rapidly that it slipped past.” The defendant argued that this was improper hearsay.
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