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Title: William B. Stokes, Plaintiff in Error v. Francis W. Saltonstall
Author : United States Supreme Court
Release Date : January 01, 1839
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

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Mr. Johnson for the defendant. The excention to the statement of the answer of the driver to Mr. Ludlow, was made before the evidence was given. The exception should have pointed out the part of the evidence which was objectionable, and not having done this it must be overruled. This is a familiar rule. But the evidence was proper. It cannot be denied that the reckless and heartless declarations of the driver to Mr. Ludlow, with his other conduct, as proved by other witnesses; made while Mrs. Saltonstall was suffering the most severe agony, were proper testimony to go to the jury in aggravation of the damages.