Stagger P

 
Action for damages allegedly sustained when P was struck by a car driven by D. Defense: contributory negligence. At trial, D calls W to testify that ten minutes before the accident W was at a bar with P and Q, that P got up to leave, and that Q said to W, "Look at P stagger. Man, is he smashed." P objects. What ruling and why? What factors militate for and against admission of this evidence?


div1.gif (1531 bytes)
Home | Contents | Topical Index | Syllabi | Search | Contact Us | Professors' Pages
Cases | Problems | Rules | Statutes | Articles | Commentary