Fordyce v. McCants
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. 1. The testimony of Dr. Youmans as to contents of telegram was hearsay, and as to statements made by deceased not part of the res gestae, and inadmissable. 9 N. E. Rep., S05; 42 Ill., 438; 95 N. Y.,'774; 3 Conn., 250; 7 Cush., 586; 9 Cush., 41; 43 Ark., 102; 101 N. Y., 126; 48 Ark., 333. They were not dying declarations. 48 Ill., 475 ; 6 Brad., (Ill.) 569; Pierce on R. R., p. 400; 2 Ark., 246; 97 Ill., 101; 24 Kan., 89.…
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APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. 1. The testimony of Dr. Youmans as to contents of telegram was hearsay, and as to statements made by deceased not part of the res gestae, and inadmissable. 9 N. E. Rep., S05; 42 Ill., 438; 95 N. Y.,'774; 3 Conn., 250; 7 Cush., 586; 9 Cush., 41; 43 Ark., 102; 101 N. Y., 126; 48 Ark., 333. They were not dying declarations. 48 Ill., 475 ; 6 Brad., (Ill.) 569; Pierce on R. R., p. 400; 2 Ark., 246; 97 Ill., 101; 24 Kan., 89. 2. McCants was not competent to testify as to the probable future value of decedent’s services. 33 Ark., 350. 3. Tables…
1Opinion of the CourtSandels, J.
The appellee, as administrator of the estate of R. Lee Connor, deceased, sued appellant Fordyce as receiver of the Texas and St. Louis Railway Company, to recover damages for the killing of his decedent. It was alleged that deceased was a passenger upon said railway, and that by reason of the negligence, etc., of defendant’s servants, the car in which deceased sat was thrown from the track, whereby deceased was killed. Defendant denied that deceased was killed by reason of said car being thrown from the track. It is alleged that the deceased left him surviving his father, L. D. Con-nor, his…
2Cases cited1 opinion
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
3Cited by27 opinions
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- Ratton v. BusbySupreme Court of Arkansas · 1959
- Griffey v. Pacific Electric Railway Co.California Court of Appeal · 1922
- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
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