Witsell v. . R. R.

The statements and declarations of the motorman, made to plaintiff just preceding the accident as to the condition of the track, as to his not having sand and the car being late and overloaded, and the rapidity of the speed, were competent as part of the res gestae and also as fixing the company with knowledge of facts requiring a greater degree of care and prudence than ordinary. 4 Thompson Corp., secs., 4913, 1914; Morawetz Corp., sec. 540a.

Each of the four special instructions asked by the defendant concludes by asking the Court to instruct the jury that the "plaintiff cannot recover." As…