Ross v. Salminen

Decision Date29 November 1911
Docket Number946.
Citation191 F. 504
PartiesROSS v. SALMINEN.
CourtU.S. Court of Appeals — First Circuit

William A. Thibodeau (Thibodeau & Ellsworth, on the brief), for plaintiff in error.

William A. Pew, Jr., for defendant in error.

Before COLT and PUTNAM, Circuit Judges, and ALDRICH, District Judge.

PUTNAM Circuit Judge.

This was a suit for an injury by an automobile owned by the defendant. The verdict was for the plaintiff, and the defendant below sued out this writ of error. We will continue to call the parties plaintiff and defendant.

The plaintiff testified that she was riding in a wagon and the automobile came up behind and collided with her wagon; so there was sufficient to go to the jury on the question of negligence on the part of whoever was operating the automobile. As to the ownership of the automobile by the defendant, and as to whether or not it was being operated in his behalf, the defendant claimed there was no proper evidence, and moved the court to direct a verdict in his behalf, which motion was refused.

It must be admitted that the record is in some confusion as to what really occurred; but, rejecting everything else, we are satisfied that the following evidence was in the record, and was never stricken out, as claimed by the defendant, but stood throughout the trial. On an interview with the plaintiff's representative the defendant said:

'A. I am liable for the accident. It was my automobile. I am not trying to dodge the responsibility. He said that his automobile was a new or comparatively new one, and his son and a man named Connor took it out to run it and find some defect that was in the automobile. They were coming along Mechanic street, and they were both listening for a defect.'

If the facts were as thus stated by the defendant, there could be no question as to the ownership of the automobile, or as to the fact of its being operated in his behalf, or of the further fact that, in connection with the negligence which we have stated, the court could not properly take the case from the jury. It is claimed, however, that the statement was made by the defendant as a matter not within his own knowledge. The admission of the statement, however, is in conformity with universal practice; and it is enough to say that, when a person charged as a defendant makes a statement under circumstances like those at bar, whether of his own knowledge or not, it is for him to...

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5 cases
  • Woronka v. Sewall
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 4, 1946
    ...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 the admissions than the mere use of that word. We apprecia......
  • Woronka v. Sewall
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • November 4, 1946
    ......Adriatic 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 v. Salminen, 191 F. 504 [C. C. A. 1]), it is enough to say that. in the case at bar. [320 Mass. ......
  • Stroud v. Pechacek, 8680.
    • United States
    • Court of Appeals of Texas
    • October 12, 1938
    ...may depend on a variety of circumstances which it is unnecessary to discuss." Other authorities treating upon the subject are: Ross v. Salminen, 1 Cir., 191 F. 504; Kelly v. Ning Yung Benev. Ass'n, 2 Cal.App. 460, 84 P. 321; McCormicks v. Fuller, 56 Iowa 43, 8 N.W. 800; Krajewski v. Western......
  • Helberg v. Zuck
    • United States
    • United States State Supreme Court of Iowa
    • April 6, 1926
    ...His admission is not rendered inadmissible against himself, because of its being his conclusion or based on hearsay. Ross v. Salminen, 191 F. 504, 112 C. C. A. 148;Brookfield v. Drury College, 123 S. W. 86. 139 Mo. App. 339;Sutcliffe v. Pence, 137 N. W. 1026, 156 Iowa, 643, 648. [3] Speakin......
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