Starr v. Morsette

236 N.W.2d 183 (1975)

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Starr v. Morsette

North Dakota Supreme Court
236 N.W.2d 183 (1975)

Facts

Geneva Morsette (defendant) was driving a truck with passengers Alfred Morsette (defendant) and Gordon Starr (plaintiff). The truck got into a one-car crash. Starr sued Geneva to recover for injuries. Linda Perhus, who was the first person to arrive at the scene, testified at trial. Perhus testified that at the scene Geneva told her that she had been driving the truck and that Alfred had grabbed the steering wheel, causing the accident. Sheriff Dardis testified that after he arrived at the scene, he asked who was driving, and Geneva responded by pointing at Alfred and saying, “He jerked the wheel away from me.” Geneva and Alfred appealed, arguing that both of these out-of-court statements at the scene were inadmissible hearsay.

Rule of Law

Issue

Holding and Reasoning (Vogel, J.)

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