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Doyle v. Rector, Wardens & Vestrymen of Trinity Church Corp.

28 N.Y. St. Rep. 972 Court N.Y. Decision date 1890-01-28 English

Delivered by *973 Follett, Ch. J.

Contents

Majority

p. 972
Thomas Doyle, App’lt, v. The Rector, Wardens and Vestrymen of Trinity Church Corporation in the City of New York, Resp’ts.[1]
(Court of Appeals,
Filed January 28, 1890.)

Headnote

Evidence—Hearsay.
In the trial of an action for injuries to a well caused "by the explosion of a torpedo it is error to allow a witness to testify “ that he was informed the torpedo was exploded a short distance below the-surface of. the’ rock.’.”
Appeal from a judgment of the general term in the second judicial department, affirming a judgment entered on[1] a Verdict-directed at circuit. .. ' "[1] ■-
L. A. Fuller, for app’lt; S. P. Nash, for resp’ts.

It was error to permit Mr. Cruger to testify that some one told him that one of the torpedoes was exploded ¿just below the surface of the rock and so injured the well. The fact, if relevant, as it was deemed to be to the question whether exploding the torpedo at this point was a negligent act, should have been proved by competent evidence, or not at all. It was error to rule as a question of law that Foth acted, and was actually or apparently authorized to act as the agent of Button in employing Seagul to explode the torpedoes; which question should have been submitted to the jury as one of fact. For these errors, the ¿judgment should be reversed and a new trial granted, with costs . to abide the event.

All concur.