Luby and Wife v. . the Hudson River Railroad Company.

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the policeman's testimony about arresting the driver and the driver’s statement that the brakes were out of order were both inadmissible. The court reasoned that the arrest evidence was irrelevant to liability of the employer and that the driver’s declaration was hearsay not part of the res gestae.