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MILLER v. KEATING

No. 84-1110.

754 F.2d 507 (1985)

MILLER, Carol A., and Miller, Howard C., her husband, Appellants, v. KEATING, Lawrence M., and Texaco, Inc.

United States Court of Appeals, Third Circuit.

Decided February 11, 1985.

Attorney(s) appearing for the Case

Theodore R. Lewis (argued), Ronald W. Shipman, Coffin, Shipman, Stitt, Lewis & Walters, Easton, Pa., for appellants.

Robert I. Cottom (argued), Cottom, Hoffert & Gring, Reading, Pa., for appellees.

Before ALDISERT, Chief Judge, BECKER, Circuit Judge, and STERN, District Judge.

OPINION OF THE COURT

STERN, District Judge:

The district court admitted into evidence a statement, made by an unidentified declarant at the scene of an automobile accident, amounting to an accusation that the accident was the fault of plaintiff Carol Miller. The district judge admitted the statement as "res gestae," without making reference to any of the hearsay exceptions in Fed.R.Evid. 803, or any findings of fact on the issue of admissibility....

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