Reed v. Mccord

160 N.Y. 330, 54 N.E. 737 (1899)

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Nature of the Case

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Facts

Reed's (P) decedent was killed in an accident with a machine. At trial on the wrongful death action, P attempted to introduce testimony given by McCord (D) at an earlier hearing before the board of coroners. D was not present at the time of the accident, and therefore had no personal knowledge of what had happened. However, he testified as to the circumstances of the accident as he had learned them from others who were present. D objected to the admissibility of this testimony because it was not based on personal knowledge. The testimony was admitted at trial, and D appealed the judgment holding him liable for the accident.