Gray v. McLaughlin
Supreme Court of Iowa
Appeal from Delaioare District Court. The petition charges that defendant did keep, and allow to run at large, two rams of a vicious disposition, and accustomed to attack and butt and stamp mankind, and so known to defendant. That Christiana Gray, wife of plaintiff, was attacked by said rams, and so greatly injured that her death resulted therefrom, whereby plaintiff was deprived of her society and services, and greatly damaged.
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Appeal from Delaioare District Court. The petition charges that defendant did keep, and allow to run at large, two rams of a vicious disposition, and accustomed to attack and butt and stamp mankind, and so known to defendant. That Christiana Gray, wife of plaintiff, was attacked by said rams, and so greatly injured that her death resulted therefrom, whereby plaintiff was deprived of her society and services, and greatly damaged. The answer .denies the material allegations of the petition, and avers ■ that the said Christiana was weak, sick, infirm and old, and that her sudden death had been…
1Opinion of the CourtBeck, J.
Evidence: declarations of one suffenns. ‘The errors assigned are the refusal of the court .to permit the witnesses to give in evidence the declarations of the deceased, in regard to the cause of her injuries and suffering, and also the character and nature of her suffering and sickness. The record does not disclose that these declarations, as to the cause of her suffering, were made at a time which would entitle them to be regarded as a part of the res gestee, and they were, therefore, properly excluded.
But her declarations as to the nature and character of her suffering' and sickness, should…
2Cited by12 opinions
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- State v. BlydenburgSupreme Court of Iowa · 1907
- McKeigue v. City of JanesvilleWisconsin Supreme Court · 1887
- Armstrong v. Town of AckleySupreme Court of Iowa · 1887
- McMurrin v. RigbySupreme Court of Iowa · 1890
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