Marler v. Texas & Pacific Railway Co.

Citations

• 52 La. Ann. 727

Syllabus

<p>Syllabus.</p> <p>where tlio res gestae in an action for damages for personal injuries are the facts and circumstances under which the plaintiff-left a car of the defendant company, his declarations relative thereto, not made spontaneously and instinctively under the immediate pressure of the occurrence, but deliberately in answer to questions as to how the accident occurred, propounded to him, out of the presence of any one who was an, actor in the transaction and a considerable time after it had become an accomplished fact, and the conductor and his train were miles away, are not admissible in evidence as part of such res gestae.</p> <p>Such declarations are not rendered admissible neither by the fact that they were made under a sense* of impending death or by the fact that they may have been made to the physician called in to minister to him.</p>