Houston Oxygen Co. v. Davis
Texas Commission of Appeals
161 S.W.2d 474 (Tex. Comm'n App. 1942)
Relevant factsFree
After a car accident injured Davis's (plaintiff) son, Houston Oxygen Co. (HOC) (defendant) sought to introduce testimony that a passenger, Cooper, had remarked to driver Sanders - at the exact moment the involved car sped past them - that its occupants must have been drunk and would likely be found wrecked further down the road; the trial court excluded this as hearsay and ruled for Davis, and the Court of Civil Appeals affirmed.
IssueFree
Whether a statement is admissible when made at the very moment the declarant is receiving an impression of an event she is contemporaneously perceiving.