Martin v. . N.Y., N.H. H.R.R. Co.

The decision of this appeal is controlled by the case of Waldele v. N.Y.C. H.R.R.R. Co. (95 N.Y. 374), in which it was held, after much discussion, that the declarations of a person who had been fatally injured upon a railroad, made after he had sustained the injuries, explaining the manner in which the accident had happened, were not competent evidence in favor of his administratrix, in an action brought by her against the railroad company for causing his death by negligence.

The plaintiff was allowed to prove in the present case, under objection and exception, that after the deceased had…