93 Ga. 785 | Ga. | 1894
Boach, Lindsey and Saxon were riding in a buggy which belonged to Lindsey and which was being driven by Saxon. While crossing the main track of the Western and Atlantic Bailroad Company at a street crossing in Cartersville, the locomotive of a train ran into the buggy, killing Lindsey and injuring Boach and Saxon. Boach brought an action for damages, which resulted in a verdict for the defendant. Iiis motion for a new trial, which was overruled by the court, contains a large number of grounds, many of which are too trivial to require notice. The controlling questions in the case are indicated by the head-notes.
This court, in Augusta Factory v. Barnes, 72 Ga. 217, has gone quite as far, we presume, as it will ever go in sanctioning the admission, as a part of the res gestee, of evidence of this character. ¥e are not disposed to extend in the least degree the doctrine of that case, although it was cited approvingly in Ferguson v. Columbus & Rome Railway, 75 Ga. 640. In the latter case, the declarations admitted occurred only a few minutes after the injury occurred, and were made at the very place of the injury.
The declarations of Saxon being clearly inadmissible, we felt constrained to grant a new trial, because it is very probable, if not absolutely certain, that this evidence was highly injurious to the plaintiff’s case.