New Jersey Law Reports Volume 58

New Jersey Law Reports Volume 58

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...gotten the story from one Voods. At the trial the defendant was permitted to put McCawley on the stand to testify to what Collins told him; then Collins was allowed to tell what he said to Mc-Cawley, and that his informant was one Woods. Woods was then sworn, and asked to give the conversation between Collins and himself about plaintiff. This was objected to, and the ruling of the court sustaining the objection to this line of proof constitutes the sole bill of exceptions upon which the reversal of this judgment can rest. It will be perceived that no question of common rumor arose, or was at all involved, but that the contention of the defendant was that if Woods, in the course of a conversation with Collins, communicated to him the falsehood against the plaintifl," that circumstance would be relevant testimony in mitigation of the amount of damages the plaintiff should recover. I think it is safe to say that no theory can be Sllggested upon which this proof could be relevant evidence, and that no authority for its admission for any purpose by any court can anywhere be found. The course pursued by the trial court was, in my opinion, entirely free from legal error, and the resulting judgment free from any reversible imperfections. I am instructed by Just-ices Van Syckel and Magic, and by Judges Talman and Smith, to say that they concur in the views expressed in this memorandum. For 1'ever.s'(ll--THE CHANCELLOR, CHIEF JUSTICE, GUMMERE, LUDLOW, Boonnr, BROWN. 6. West Jersey Traction Co. v. Camden. 58 N. J. L. THE STATE, THE WEST JERSEY TRACTION COMPANY, PLAINTIFF IN ERROR, v. THE BOARD OF PUBLIC WORKS OF THE CITY OF CAMDEN, DEFENDANT IN ERROR. in a contest, raised in a certiorari proceeding, between two street railways each claiming the...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236960866
  • 9781236960863