Marshall v. Chicago & Great Eastern Railway Co.

The only question, of any real importance, presented by this record, which we are disposed to discuss, is, “ Were the dying declarations of the boy admissible in evidence to charge the defendant?”

The action was case, to recover damages for death occasioned by the careless management of a railroad locomotive, and brought by the father of the boy killed, as his next of kin and personal representative.

This is a new question in this court, and quite an interesting one, which we lack time to discuss at any great length. A few principles of evidence will be noticed, and such opinions as text…