Duekee v. Central Pacific R.R.

Citations

• 69 Cal. 533

Syllabus

<p>Negligence—Railboad—Declarations oe Engineer—Res Gestie— Evidence. —In an action against a railroad company to recover damages for personal injuries alleged to have been caused by the negligence of an engineer in the management of a train on the road o£ the defendant, the declarations of the engineer in explanation of the accident, made about five minutes after its occurrence, are not part of the res gestee, and are inadmissible in evidence.</p>