St. Louis, Iron Mountain & Southern Railway Co. v. Enlow
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. Dying declarations are not admissible in civil cases. Nor was the so-called dying declaration part of the res gestae. It was made more than a week afterward. 87 Am. Dec. 176; 45 Id. 561; 48 111. 475; 39 Ga. 223, 99 Am. Dec. 456; 70 la. 130 ;-95 Ala. 461; 15 Johns. 286; 117 N. C. 27; Tiffany on Death by Wrong. Act, § 194; 4 Ene. Ev. 941; • 6 A & E. Ene.
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Appeal from Saline Circuit Court; W. H. Evans, Judge; 1. Dying declarations are not admissible in civil cases. Nor was the so-called dying declaration part of the res gestae. It was made more than a week afterward. 87 Am. Dec. 176; 45 Id. 561; 48 111. 475; 39 Ga. 223, 99 Am. Dec. 456; 70 la. 130 ;-95 Ala. 461; 15 Johns. 286; 117 N. C. 27; Tiffany on Death by Wrong. Act, § 194; 4 Ene. Ev. 941; • 6 A & E. Ene. L. ,(1 ed.) 104; 92 Ga. 337; 56 L. R. A. 360. 2. A verdict should have been directed for defendant. 107 Ark. 431. 1. The dying declaration was admissible. 108 Ark. 326; 64 Id. 236; 69 Id.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff’s intestate, C. B. Ems-lie, while on or near the tracks of the defendant in the city of Little Rock, was struck by a moving train of cars and injured, from which injuries he died a few weeks later, and this is an action by the administrator to recover damages for the benefit of the estate and for the next of kin.
The injury was inflicted by a train of cars being switched along a track which runs through an alley in the city of Little Rock with brick buildings on each side. There are two tracks, and the one on which deceased was injured ran within about two feet of the brick walls…
2Cases cited1 opinion
- Haley v. StateSupreme Court of Arkansas · 1911
3Cited by10 opinions
- Ratton v. BusbySupreme Court of Arkansas · 1959
- St. Louis-San Francisco Railway Co. v. BishopSupreme Court of Arkansas · 1930
- National Life & Accident Insurance v. HamptonSupreme Court of Arkansas · 1934
- St. Louis, Iron Mountain & Southern Railway Co. v. BelcherSupreme Court of Arkansas · 1915
- Texas Co. v. JonesSupreme Court of Arkansas · 1927
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