Great American Indemnity Company v. Elledge

The trial court instructed a verdict in favor of petitioner, and the Court of Civil Appeals reversed and remanded the cause for a new trial. 312 S.W. 2d 722. We agree with the Court of Civil Appeals that the statement made by the deceased employee to his wife and overheard by Barbara Jean Noack on the night of September 3, 1956, is admissible as a declaration tending to show the state of mind and immediate purpose of the declarant on that night. See Prater v. Traders and General Ins. Co., Texas Civ. App., 83 S.W. 2d 1038 (no writ); McCormick & Ray, Texas Law of Evidence, 2nd ed. 1956, Vol. 1,…