William Burnham Woods

“ And it should seem that evidence upon which every one would act without hesitation in the common affairs of life ought not to be excluded from consideration, except for clear reasons of policy, or long-established rules to the contrary, when those affairs are brought into litigation before the courts. ”

“ What time may elapse between the happening of the event in respect to which the declaration is made and the time of the declaration, and yet the declaration be admissible, must depend upon the character of the transaction itself. An accident happening to a railway train, by which a car is wrecked, would naturally lead to a great deal of excitement among the passengers on the train, and the character and cause of the accident would be the subject of explanation for a considerable time afterwards by persons connected with the train. ”

“ For all injuries through negligence, to which the passenger does not contribute by his own acts, it is liable. So it matters not what the speed of the train was in the case at bar, nor what was the declaration of the engineer in that respect. ”