Thursday, December 5, 2013

Nuttall v. Reading case brief

Nuttall v. Reading case brief summary
235 F.2d 546 (1956)


CASE SYNOPSIS
Appellant executrix sought review of the decision from a United States district court, which directed a verdict against appellant in a suit brought under the Federal Employers' Liability Act, 45 U.S.C.S. § 51 and granted judgment in favor of appellee employer under the Boiler Inspection Act, 45 U.S.C.S. § 23.

CASE FACTS
Appellant executrix sought review of the district court's directed verdict under the Federal Employers' Liability Act (FELA), 45 U.S.C.S. § 51, and granted judgment in favor of appellee employer under the Boiler Inspection Act, 45 U.S.C.S. § 23. At the first trial appellant recovered a verdict, but the district court ordered a new trial. The district court directed a verdict on the FELA claim and the jury found against appellant on the claim made under the Boiler Inspection Act.

DISCUSSION

  • On appeal, the court found that a witness' statement was not to be admitted as a declaration against interest. 
  • Further, the court held that the account of a telephone conversation and the statement that followed it was admissible. 
  • The court held that appellant's husband's statements during and immediately following the telephone conversation should have been admitted into evidence to prove that he was being compelled to come to work. 
  • The judgment of the district court was reversed and the case remanded.

CONCLUSION
The court reversed the judgment of the district court in favor of appellee employer and remanded the case to the district court because appellant executrix's husband's statements during and immediately following the telephone conversation should have been admitted into evidence to prove that he was being compelled to come to work.

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