Highland Coal & Lumber Co. v. Cravens

ON PETITION TO REHEAR.

It is insisted that this court has erred in overruling the assignment of error as to the admission of the testimony of George Cravens as to the deceased boy saying to him, “I w'ent to get me a drink and I knocked my cap off.” Counsel insists that this is error because as a matter of law it is necessary for the plaintiff administrator to show by the testimony how the accident occurred as otherwise it may not have been an accident; and'that without this the effect of contributory negligence on the part of the deceased is wholly destroyed; .and it is not shown that…