Handel v. New York Rapid Transit Corp.
Supreme Court of New York, Appellate Division, Second Department
252 App.Div. 142 (1937)
Relevant factsFree
Handel was fatally injured when he fell from a train, was caught in the car door, and was dragged along the New York Rapid Transit Corp.'s (defendant) elevated tracks. His estate (plaintiff) sued for negligence, relying solely on a statement Handel made to a witness minutes after the accident: "Save me. Help me. Why did that conductor close the door on me?" The trial court excluded the statement as hearsay and dismissed the complaint for lack of proof of negligence. The estate appealed.
IssueFree
Whether a declaration that on its face is a narrative of a past event is within the hearsay rule.