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The Yale Law Journal

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Pages: 460

Book format: An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.

Publisher: Date:8/5/2009 - General Books LLC

By: JSTOR (Organization)

Excerpt from book: It is a well-established rule of law in the United States that when a declaration against interest is made by an agent which is unquestionably subsequent both as to time and casual relation, such declaration is inadmissable. Williams v. Cambridge R. R. Co., 144 Mass., 148: Packet Co. v. Clough, 20 Wall. (U. S.) 528. But if the declaration is subsequent in time, while in point of casual relation to the main act substantially contemporaneous, as occurs in this case, it will be admitted in some states and rejected in others. The weight of modern authority, however, favors the relaxation of this rule, when the declaration by the agent is undesigned and spontaneous. Huffcut on Agency, Ed. 2, p. 184: Olive, etc., R. R. Co. v. Stein, 133 Ind. 243: Hermes v. Chicago, etc., R. R. Co., 80 Wis. 590. Yet this case does not necessarily favor this rule, since its admission is harmless, inasmuch as facts sought to be shown have been, otherwise, fully and properly established. Webb v. Barling, 81 U. S. 406: Gray v. Borrough of Danbury. 54 Conn. 574. It seems, however, in the southern and eastern states, and in the U. S. Supreme Court, such declarations made by railroad conductors, engineers, etc., as to the accident are generally excluded. Souther I and v. Wilmington, etc., R. R. Co., 106 N. C. 100: Furst v. znd Ave. R. R. Co., 72 N. Y. 106: Vicksburg, etc., R. R. Co. v. O'Brien, 119 U. S. 99. Homicide—Self-defense—Duty To Retreat.—Hill v. State, 41 So. 621 (ALA.).—Held, that the plaintiff should have retreated if thereby he could have avoided the necessity of taking the life of the decedent. Upon this question the authorities are by no means uniform. This case follows the common law doctrine and the English rule as expressed by Black- stone, Volume IV, p. 185: and as declared by several st...  

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