Halbert v. Louisville & Nashville Railroad

Appellate Court of Illinois

Halbert v. Louisville & Nashville Railroad

183 Ill. App. 483, 1913 Ill. App. LEXIS 1608

DecidedOctober 9, 1913

StatusPublished

This text of 183 Ill. App. 483 (Halbert v. Louisville & Nashville Railroad) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Halbert v. Louisville & Nashville Railroad, 183 Ill. App. 483, 1913 Ill. App. LEXIS 1608 (Ill. Ct. App. 1913).

Pincite

Opinion

Mr. Presiding Justice McBride

delivered the opinion of the court.

5. Evidence, § 224*—when not hearsay. In an action for wrongful death, testimony of a witness that he gave deceased’s mother money that deceased sent her is not hearsay. 6. Death, § 48*—when evidence to show damage is inadmissible. In an action for wrongful death, receipts reciting that money was received from deceased to be remitted to his brother-in-law and that a bank money order was mailed to such person are incompetent for the purpose of showing a payment to deceased’s mother and also as being based on hearsay and where there is no further evidence that the money was paid to the mother of deceased other than to deceased’s declarations that he was going to send money to his mother.

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Mr. Presiding Justice McBride

delivered the opinion of the court.

5. Evidence, § 224*—when not hearsay. In an action for wrongful death, testimony of a witness that he gave deceased’s mother money that deceased sent her is not hearsay. 6. Death, § 48*—when evidence to show damage is inadmissible. In an action for wrongful death, receipts reciting that money was received from deceased to be remitted to his brother-in-law and that a bank money order was mailed to such person are incompetent for the purpose of showing a payment to deceased’s mother and also as being based on hearsay and where there is no further evidence that the money was paid to the mother of deceased other than to deceased’s declarations that he was going to send money to his mother.

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Bluebook (online)

183 Ill. App. 483, 1913 Ill. App. LEXIS 1608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halbert-v-louisville-nashville-railroad-illappct-1913.