Moore v. Atlanta Transit System, Inc.

On Motion For Rehearing.

Eberhardt, Judge.

Able counsel for defendant in error, in a motion evidencing exhaustive study of the authorities, particularly those from our Georgia courts, urge that the many cases cited in their motion require a different result. We have read with care all of them, but we do not agree. The cases relied upon fall generally into distinguishable categories of instances where the deceased declarant’s statement was offered as a part of the res gestae but was held, under the circumstances of the case, not to be (W. & A. R. Co. v. Beason, 112 Ga. 553, 37 SE 863; Hunter v.…