Wright v. Swann

493 P.2d 148, 261 Or. 440, 50 A.L.R. 3d 707, 1972 Ore. LEXIS 315
CourtOregon Supreme Court
DecidedFebruary 2, 1972
StatusPublished
Cited by18 cases

This text of 493 P.2d 148 (Wright v. Swann) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright v. Swann, 493 P.2d 148, 261 Or. 440, 50 A.L.R. 3d 707, 1972 Ore. LEXIS 315 (Or. 1972).

Opinions

TONGUE, J.

This is an action for damages sustained by an eight-year-old girl when she was hit by (or ran into) defendant’s car in a crosswalk at an intersection. Plaintiff appeals from a judgment based upon a jury verdict in favor of defendant.

Plaintiff’s sole assignment of error is that the trial judge erred in overruling her objection to defendant’s testimony that immediately after the accident and after he stopped his car and had gone back to where plaintiff lay in the street, an unidentified woman also got out of her car in an excited condition and said “Oh, God * * * It wasn’t your fault. She darted out in front of me and ran into the side of your car.”

[443]*443This court has recognized an exception to the general rule against hearsay evidence in cases involving “spontaneous statements” or “excited utterances” and has held that this exception extends to statements made by bystanders, as well as by participants in the so-called “exciting event.”

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Wright v. Swann
493 P.2d 148 (Oregon Supreme Court, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
493 P.2d 148, 261 Or. 440, 50 A.L.R. 3d 707, 1972 Ore. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-swann-or-1972.