Question
A plaintiff sued a defendant for injuries received when she fell down a stairway in the defendant's apartment building. The plaintiff, a guest in the
A plaintiff sued a defendant for injuries received when she fell down a stairway in the defendant's apartment building. The plaintiff, a guest in the building, alleged that she caught the heel of her shoe in a tear in the stair carpet. The plaintiff calls a tenant to testify that another resident had said to the tenant a week before the plaintiff's fall: "When I paid my rent this morning, I told the manager he had better fix the torn carpet."
The resident's statement, reported by the tenant, is
a. admissible, to prove that the carpet was defective
b. admissible, to prove the defendant had notice of the defect
c. admissible, to prove both that the carpet was defective and the defendant had notice of the defect
d. inadmissible, because it is hearsay not within any exception
Please diagram out how this is a "hearsay within hearsay" question, so it's easier to see how hearsay within hearsay works. What are the 2 statements? Please draw out/describe in an easy to understand way.
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