Wemett v. Mount

Defendant predicates error of the court in overruling objection of the defendants to the following question for the reason that it was not a part of the res gestae: “Q. When she came into this room, Nellie Lynch came in, what did she do or say?” The objection being overruled, the witness answered: “A. She came in and said: ‘My God, you look as though you are about to pass out, I forgot all about your being here.’ ” Defendants cite Sullivan v. O. R. & N. Co., 12 Or. 392 (7 P. 508 53 Am. Rep. 364); Fredenthal v. Brown, 52 Or. 33 (95 P. 1114). It appears when Miss Lynch first entered the room…