Summary of Silver v. New York Central Railroad, 329 Mass. 14 (1952)

Facts: P claims that it was too cold in D’s sleeping car and that is why she because sick.  The porter of P’s car tried to testify that the other element passengers in the car made no complaint to him as to the temperature of the car.  The trial court didn’t allow this.

Issue: Was this testimony properly excluded under hearsay rule?

Holding: NO

Rationale:  Such evidence can be admitted to show no defect.  But when such evidence is too remote, other factors are needed to fill in the gaps.  For example, in this case, D has to further prove that porter was available in the car and the other passengers had access to him to make the complaints and a prudent person under such conditions would make complaint.  The trial court made no such finding and this was an error.