Thurston v. Fritz

Citations

• 91 Kan. 468
• 138 P. 625
• 1914 Kan. LEXIS 57

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Demurrer — Court Can Not Weigh Conflicting Evidence. The rule that if the evidence demurred to presents a question of fact for the jury the demurrer should be overruled — followed.</p> <p>2. Dying Declarations — Admissible in Civil Cases. The rule that dying declarations are admissible only in criminal cases (and those involving homicide) is without reasonable basis, and should not longer be followed.</p>