Court of Appeals of Texas
768 S.W.2d 905 (Tex. App. 1989)
The Donovan family (plaintiffs) was in a car accident in Dallas that was caused by a knocked over stop sign. The Donovans sued the City of Dallas (City) (defendant). At trial, the jury found that the sign had been knocked down by a third party, meaning the City was liable only if it failed to replace the sign within a reasonable time after being given actual notice. Ladd William Backhaus testified for the Donovans that a woman drove up to the scene of the accident a few minutes after it occurred. Backhaus stated that when the woman saw the injured Donovan children, “she was very excited or upset, she was emotional, her hands were shaking, and her voice was ‘crackling.’” Backhaus then testified, over the City’s objection, that the woman stated that a few days prior to the accident, she had informed the City that the stop sign was down. The trial court admitted the statement as an excited utterance. The jury found in favor of the Donovans. The City appealed.
Rule of Law
Holding and Reasoning (Baker, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 241,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.