Nelson v. Lott

In Nelson v. Lott, 81 Utah 265, 275, 17 P.2d 272 (1932), the Court concluded that the defendant's numerous falsehoods about an accident were admissions by conduct. In that case, a man was hit by an automobile and pinned under the right front wheel. Id. at 269, 17 P.2d at 274. The following day, the defendant denied responsibility for the accident by stating that he did not run over plaintiff's leg, that he saw the accident, but he did not know who did it; that he knew who was hit, but he did not know who hit him; that he was there and had seen the accident just after it happened; and that he did not know who ran over plaintiff. Id. at 275, 17 P.2d at 276. The Court concluded that the false statements were "indicative of the state of mind of the defendant with reference to the accident"--that they were indicative of his awareness that his case was weak. Id.