HAYES

v.

C. C. MOORE CONSTRUCTION CO., INC.

Citator

Cited By

• United States v. Bell, 351 F.2d 868 (6th Cir. 1965)
  …the event which produced it. 6 Wigmore, Evidence, Section 1750 (3rd Ed. 1940). This rule known as the res gestae rule has been followed in a number of cases in this circuit. In Fort Street Union Depot Co. v. Hillen, 119 F. 2d 307, C.A.6, cert. den. 314 U.S. 642, 62 S.Ct. 82, 86 L.Ed. 515, two witnesses were permitted to testify that Hillen, the deceased, said at the scene of the accident that he had been riding the corner of a car and had been struck in the back or hip by the grabiron and got knocked off.…
• Palmer v. Travelers Ins. Co., 319 F.2d 296 (5th Cir. 1963)
  …Inc., 278 F. 2d 716, C.A.5; Warder v. Brady, 115 F. 2d 89, C.A.4; Shafer v. Hughes, 139 F. 2d 438, C.A.8; In re Mount Forest Fur Farms of America, Inc., 122 F. 2d 232, C.A.6; In re 671 Prospect Avenue Holding Corp., 118 F. 2d 453, C.A.2, cert. den., 314 U.S. 642, 62 S.Ct. 83, 86 L.Ed. 515. It should be obvious that if the court cannot directly determine the merits of a controversy between the trustee and a third party, it ought not be able to do so indirectly. In this instance, it has done so by determinin…
• J & H Flyer Inc. v. Pa. R.R. Co., 316 F.2d 203 (2d Cir. 1963)
  …w, but are determined by reference to common law doctrines. At common law a carrier is liable as an insurer for loss to those goods which it holds itself out to handle. See S. Nathan & Co. v. Red Cab, Inc., 7 Cir., 118 F. 2d 864, 866, cert. denied 314 U.S. 642, 62 S.Ct. 82, 86 L.Ed. 515. Transportation companies serving passengers are liable as insurers for the passengers’ baggage, but only as bailees for property of a passenger which is not “baggage” and whose contents have not been disclosed. See Wiene…