Campbell v. Brown

Citations

• 81 Kan. 480
• 106 P. 37
• 1910 Kan. LEXIS 377

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Hearsay. A person having in his possession at his home a bottle of wood alcohol, obtained the previous day, invited a neighbor to drink with him fronj its contents, supposing it to be fit to drink, a,nd, to induce compliance with his invitation, said: “It is good; I got it of Chase Brown.” Two days afterward, having taken several drinks of the alcohol meantime, the person died, and the evidence tends to show that death resulted from wood-alcohol poisoning. In an action by his administratrix for damages, based upon the alleged negligence of Brown in selling the wood alcohol without a proper label, it is held, that the admission in evidence of this statement of the deceased was error, and that under the issues and evidence it was prejudicial.</p> <p>2. -Narrative of a Completed Transaction. ■ The words quoted were not a spontaneous exclamation; they were not concomitant with the principal act (of obtaining the alcohol), nor a part of it; and they did not illustrate, explain or characterize the act, but simply related the purchase as a past event — a narrative of a completed transaction.</p>