Marshall v. Chicago & Great Eastern Railway Co.

Citations

• 48 Ill. 475

Syllabus

<p>1. Evidence—dying declarations—in civil actions—not admissible. In actions to recover damages for the death of a person, occasioned by the negligence of a railroad company, the dying declarations of the person killed, are not admissible in evidence to charge the defendant. Such declarations are not admissible in any civil case.</p> <p>2. Same—in what cases admissible. This court is not inclined to admit in evidence the dying declarations of the person killed, except in cases of public prosecution for a felonious homicide.</p>