Mercep v. State Industrial Accident Commission

This appeal is prosecuted by the defendant, State Industrial Accident Commission, from a judgment in favor of the plaintiff, Matilda Mercep, based on the verdict of a jury awarding the plaintiff compensation on account of the death of her husband, Matt Mercep.

The defendant assigns error in the admission into evidence of certain statements made by the deceased a short time before his death. They were admitted as dying declarations. The defendant contended in the court below, and contends here, that the evidence was hearsay. The question was raised on the trial by objections to the evidence,…