Carpenter v. Davis

435 S.W.2d 382 (1968)

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Carpenter v. Davis

Missouri Supreme Court
435 S.W.2d 382 (1968)

SC

Facts

Opal Carpenter (Opal) was killed in a car accident when the car in which she was riding was struck by Thomas Grothoff (defendant). Mr. Carpenter (plaintiff) sued Grothoff for negligence. At trial, Grothoff testified that before Opal died, at the scene of the accident, Grothoff stated to her that her car pulled out right in front of him. Grothoff stated that Opal responded, “Yes, I know, it’s not your fault.” The trial court overruled Mr. Carpenter’s hearsay objection, admitting the statement as a declaration against interest. The jury found in Grothoff’s favor. Mr. Carpenter appealed.

Rule of Law

Issue

Holding and Reasoning (Donnelly, J.)

Dissent (Storckman, J.)

Dissent (Seiler, J.)

Dissent (Finch, J.)

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