Jewell v. CSX Transportation, Inc.
United States Court of Appeals for the Sixth Circuit
135 F.3d 361 (6th Cir. 1998)
The Jewells’ (plaintiff) car was struck by a CSX Transportation, Inc. (CSX) (defendant) train. Greg Jewell was killed and his wife, Sheila, and daughter, Brittney, were injured. The Jewells brought suit. The district court admitted into evidence testimony of six individuals whom Brittney had spoken to after the accident. Each testified that Brittney told them that her parents were arguing right before the accident and that when she told them a train was coming, they told her to be quiet. The jury found in favor of CSX. The Jewells appealed on the grounds that Brittney’s statements should not have been admitted. Specifically, they argued that she suffered from brain damage as a result of the accident and that it was possible that she overheard other people speculating over the cause of the accident, implanting an argument between her parents in her memory.
Rule of Law
Holding and Reasoning (Bell, 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 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.