Campbell v. Brandywine Summit Kaolin & Feldspar Co.

Citations

• 60 Pa. Super. 209
• 1915 Pa. Super. LEXIS 170

Syllabus

<p>Evidence — Declarations—Bes gestee — Principal and agent— Negligence.</p> <p>In an action by a wife against a corporation to recover damages for injuries to her land by fire alleged to have been caused by the negligence of the defendant, the husband of the plaintiff will not be permitted to testify as to declarations made by a person alleged to be defendant’s foreman, where the only testimony he gives to pave the way for the admission of such declarations, was as follows: “He was a foreman and an overseer in the absence of the principal foreman......I saw him working there. I saw him standing look-</p> <p>ing on the man working. I saw him working sometimes himself. I saw him give orders to the men,” and other evidence shows that the principal foreman was present and not absent at the time.</p> <p>In such a case the declarations of the alleged foreman are not admissible as part of the res gestas where it appears that they were not made until three hours after the fire of which the plaintiff complained had been discovered, although it was still burning, and there is no evidence to show that the alleged foreman was present when the fire started or had any first hand knowledge of its origin, and the declarations sought to be admitted were to the effect that certain of the defendant’s workmen had made a fire to warm their tools, “and the wind carried it away from them.”</p>