Salminen v. Ross
| Citation | 185 F. 997 |
| Decision Date | 04 April 1911 |
| Docket Number | 742. |
| Parties | SALMINEN v. ROSS. |
| Court | U.S. District Court — District of Massachusetts |
William A. Pew, Jr., for plaintiff.
Baker & Baker and Thibodeau & Ellsworth, for defendant.
The evidence was sufficient to show that the plaintiff received injuries through being thrown out of a farm wagon, which she was driving, by the negligence of persons who were operating an automobile belonging to the defendant. The defendant was not in the automobile.
The principal testimony relating to the defendant's responsibility for the accident was his own admission to an attorney at law. The attorney states that after the accident he called upon the defendant and asked him if he could tell about the accident to plaintiff. The witness testified concerning the statement by the defendant as follows:
The jury were instructed that they might also consider the defendant's further statement that Mr. Connor was instructing the son of the defendant.
Objection was made by defendant's counsel to receiving in evidence the admission against interest made by plaintiff, on the ground that admissions against interest based on hearsay evidence are incompetent.
So far as the statement of Mr. Ross bore upon the question of negligent management of the machine it was of no practical consequence. $1$ The plaintiff's testimony uncontradicted, that while driving on the right-hand side of a wide road she was overtaken by an automobile, which struck the hind wheel of her wagon, established a clear case of negligence. $2$ The only substantial question was as to the sufficiency of proof to show that the machine was on the defendant's business, so as to make him responsible.
The jury were duly cautioned that the defendant's admission of liability should be received with great caution, since such a statement might be based upon an erroneous view of the law. It was left with the jury to determine whether the statement of the defendant that he was liable, together with the statement that his son and a man named Connor took it out to run it and find out some defect that was in the automobile, and that Mr. Connor was...
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Armann v. Caswell
...use due care to prevent accidents. Rochester v. Bull, 78 S.C. 249, 58 S.E. 766; McCummins v. State, 132 Wis. 236, 112 N.W. 25; Salminen v. Ross, 185 F. 997. cyclist has the burden of disproving negligence, when he rides up behind another who is walking where he has the right to walk, and, w......
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Woronka v. Sewall
...178, 180, 181;Linnehan v. Sampson, 126 Mass. 506, 510,30 Am.Rep. 692;Zandan v. Radner, 242 Mass. 503, 504, 505, 136 N.E. 387;Salminen v. Ross, C.C., 185 F. 997, affirmed sub nomine Ross v. Salminen, 1 Cir., 191 F. 504), it is enough to say that in the case at bar much more is contained in t......
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...Mills, 116 Mass. 177 , 178, 180-181; Linnehan v. Sampson, 126 Mass. 506 , 510; Zandan v. Radner, 242 Mass. 503 , 504, 505; Salminen v. Ross, 185 F. 997, affirmed sub nomine Ross Salminen, 191 F. 504 [C. C. A. 1]), it is enough to say that in the case at bar much more is contained in the adm......
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...driving on the right-hand side of the road and was overtaken by defendant's car and struck, it makes out a case of negligence. Salminen v. Ross (C. C.) 185 F. 997. It is also negligence on the part of one to drive at a rapid rate of speed so close to a car ahead that, if the driver of the l......