Corder v. Talbott

Citations

• 14 W. Va. 277
• 1878 W. Va. LEXIS 67

Syllabus

<p>1. Lf in a common law suit the court rejects improperly evidence offered by the defendants, and the jury find a verdict for the plaintiff, suc.h verdict should be set aside on a motion by the defendant for a new trial, even though the court may believe, (hat the verdict of the jury ought not and would not have been different, had the rejected evidence been considered by the jury; but a different rule prevails in the trial of issues out of chancery.</p> <p>2.The declarations of a party in his own favor ought not to be received as evidence, though it bo a part of the res (jestx of a collateral fact introduced in the case merely to contradict a witness on the other side, but which fact is in no way otherwise connected with the material enquiry involved in the case.</p> <p>3. When the declarations are merely a narrative of a past occurrence, though made ever so soon after the occurrence, they ought not to be received in evidence, they being in such case no part- of the res gestx.</p> <p>4. Where the declarations do not explain, illustrate or characterize a fact, but are offered merely to establish the existence of the fact, or to strengthen other proof of the existence of the fact they are not admissible in evidence as part of the res gestx.</p>