From Casetext: Smarter Legal Research

Queens Nassau Del. Corp. v. Ry. Exp. Agency

Supreme Court, Appellate Term, First Department
Jul 3, 1934
152 Misc. 299 (N.Y. App. Term 1934)

Opinion

July 3, 1934.

Appeal from the Municipal Court of New York, Borough of Manhattan, Third District.

Charles C. Evans [ Fulmer Long of counsel], for the appellant.

Herman Saperstein, for the respondent.


Declarations of an agent (defendant's chauffeur) not made at the time of the act, and which are not spontaneous utterances or exclamations, are not part of the res gestae and their admission in evidence constitutes prejudicial and reversible error.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.


Summaries of

Queens Nassau Del. Corp. v. Ry. Exp. Agency

Supreme Court, Appellate Term, First Department
Jul 3, 1934
152 Misc. 299 (N.Y. App. Term 1934)
Case details for

Queens Nassau Del. Corp. v. Ry. Exp. Agency

Case Details

Full title:QUEENS AND NASSAU DELIVERY CORPORATION, Respondent, v. RAILWAY EXPRESS…

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 3, 1934

Citations

152 Misc. 299 (N.Y. App. Term 1934)
273 N.Y.S. 199