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.