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MURPHY AUTO PARTS COMPANY v. BALL

Nos. 13599, 13600.

249 F.2d 508 (1957)

MURPHY AUTO PARTS COMPANY, Inc., Appellant, v. Thomas Charles BALL, through his next friend, Rita H. Ball, Appellee. MURPHY AUTO PARTS COMPANY, Inc., Appellant, v. George J. BALL, Sr., and Rita H. Ball, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided October 25, 1957.

Petition for Rehearing Denied November 22, 1957.

Attorney(s) appearing for the Case

Mr. R. Sidney Johnson, Washington, D. C., with whom Mr. Guy B. Hardy, Washington, D. C., was on the brief, for appellant.

Mr. Albert J. Ahern, Jr., Washington, D. C., with whom Mr. James J. Laughlin, Washington, D. C., was on the brief, for appellees.

Before BAZELON, FAHY and BURGER, Circuit Judges.

Petition for Rehearing In Banc Denied November 22, 1957.

BURGER, Circuit Judge.

The issue presented by this appeal is whether an alleged out of court utterance of an employee, driving his own car after working hours, stating that he was on an errand for his employer, is admissible to show that he was in fact engaged in his employer's business at the time of a collision with a pedestrian, where the statement is a spontaneous declaration or excited utterance...

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