Yarbrough v. Prudential Ins. Co. of America

(dissenting)-

When this case was decided I contented myself with a brief dissent as to the admissibility as res gestae, of the declarations of the deceased. The majority having per curiam undertaken to mend their hold, I take leave to mend mine; for I think it plain that by their efforts, instead of mending their hold, they have mended mine.

I find no fault whatever with the authorities the new opinion cites. Indeed, I embrace them; for they flatly hold that declarations which “constitute a narrative or statement of the past, such as that he had bought the land; * * * are not parts of the res…