Assault on Massachusetts Avenue

 

Action for damages for assault. At trial, P testifies that she was driving down Massachusetts Avenue at 6 p.m. on June 1, and while she was stopped at a street light someone threw a brick through her car window. Although P did not see who hurled the brick, Andy, Bob, Cindy, and Dora were the only ones on the street at the time.

(1) P proposes to testify further that she stopped her car and Andy walked over to her and said, "Dora threw it, Lady." Dora objects. What ruling and why?

(2) Suppose that P proposes to testify that she stopped her car and asked Andy who threw the brick and Andy pointed to Dora. Dora objects. What ruling and why?



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