Atchison, Topeka & Santa Fe Railway Co. v. Logan

Citations

• 65 Kan. 748
• 70 P. 878
• 1902 Kan. LEXIS 129

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Employee — Ante-mortem Statement. A railway switchman, in attempting to uncouple two freight-cars while they were in motion, fell between them, receiving injuries which resulted in death soon thereafter. After he was removed from under the cars he told the foreman in charge of the train to call some one; that he wanted to make a statement. The foreman signaled the engineer, who moved his engine toward the place where the switchman was lying, got down, and arrived at his side about five minutes after the accident. In response to a question as to what the switchman wanted, the latter narrated briefly how the accident happened. Held, that the declarations were not a part of the res gestae, and inadmissible.</p> <p>2. - Statements-Included within the Res Gestae. A spontaneous utterance, an ejaculation, an intuitive explanation of a hurt, generated by pain or excitement, are properly included within the res gestee ; but a statement made after apparent delay, showing calculation, and a reflective, thoughtful purpose to postpone the making of it until witnesses are present to attest the words spoken, removes the narrative to the category of a self-serving declaration, and renders it inadmissible in evidence.</p>