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Nuttall v. Reading Company

United States Court of Appeals for the Third Circuit

235 F.2d 546 (1956)

Relevant factsFree

Nuttall's husband Clarence, a railroad employee, allegedly told his wife during and immediately after a phone call with his superior that he felt ill but was being forced to come to work, and similarly told a coworker he had requested the day off but was refused; the trial court excluded this testimony and coworker affidavits as hearsay and directed a verdict against Nuttall's claim that Reading violated the Federal Employers' Liability Act by compelling her ill husband to work.

IssueFree

Whether a hearsay statement made contemporaneously or close in time to when the declarant perceives the event being described is admissible.

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