St. Louis & San Francisco Railroad v. Chaney

Citations

• 77 Kan. 276
• 94 P. 126
• 1908 Kan. LEXIS 258

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Declarations as to Existing Pain — Prerequisite to Admissibility. Before the declaration of a party with regard to a present and existing pain or suffering is admitted in evidence to a jury for the purpose of proving that an injury received by the party some time prior was continuing or permanent, sufficient evidence of the appearance or conduct of the party or of the particular circumstances under which the statements were made should be produced to make it at least probable to the court that the statements were the natural and spontaneous expression of present feeling and not the result of a deliberate purpose.</p> <p>2. -- Discretion of the Court. No definite rule, applicable to all cases, .can be laid down as to the amount or character of preliminary evidence requisite in such cases, but a wide latitude of discretion rests in the trial court.</p> <p>3. -Rule in a Former Case Modified. The rule prescribed in A. T. & S. F. Rid. Co. v. Johns, 36 Kan. 769, 14 Pac. 237, 59 Am. Rep. 609, is modified.</p>