Houston Oxygen Co. v. Davis
Commission of Appeals of Texas
161 S.W.2d 474 (Tex. Comm’n App. 1942)
Pearl Davis (plaintiff) filed suit against Houston Oxygen Co. (HOC) (defendant) for injuries that Charles Applebhy, Davis’s minor son, sustained in a car accident. HOC sought to introduce certain testimony of Jack Sanders, who was driving with Sally Cooper on the road when the accident occurred. Sanders planned to testify that as a Plymouth car (in which Applebhy was riding) drove past them, Cooper stated to him that “they must have been drunk, that we would find them somewhere on the road wrecked if they kept that rate of speed up.” The trial court excluded the evidence as hearsay and found in favor of Davis. The Court of Civil Appeals of Texas affirmed. HOC appealed.
Rule of Law
Holding and Reasoning (Taylor, Comm’r.)
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