California, United States of America
The following excerpt is from Keller v. Key System Transit Lines, 129 Cal.App.2d 593, 277 P.2d 869 (Cal. App. 1954):
The case of Henderson v. Northam, 176 Cal. 493, 168 P. 1044, cited by appellants, is not in point, for in that case the alleged admission was held inadmissible because there was no proof that the defendant either heard or understood the statement. Appellants have argued that the question asked here was confusing, that it was compound and would have been objectionable if asked in court, and that no one could clearly understand it. While it is true that the question is not clear as to whether the officer sought to know when the motorman first saw the woman or first saw her after the accident occurred, one thing that is very clear about the question is that it makes the accusation that the train struck the woman. Reaves had answered numerous questions put to him, and it is reasonable to assume that if he did not understand the meaning of this question, he would have so stated, instead of replying as he did.
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