Alabama Great Southern R. v. Shannon

Citations

• 109 Miss. 230
• 68 So. 165

Syllabus

<p>Evidence. Declaration. Re's gestae.</p> <p>Where plaintiffs son and a companion were struck by a railroad train, and the son was instantly killed, but the companion lived for some time afterwards, a statement made by the companion when picked up about thirty minutes after the accident, that they had sat down on the track and gone to sleep, and he did not know anything'until, on waking up, he found he had been struck by a train, was not admissible as a statement made immediately after the accident, while the person was still under the excitement of the occurrence, where there was nothing in the evidence to show that the companion was still laboring under the stress of excitement caused by the shock and was not in full possession of his faculties.</p>