82 Ga. 257 | Ga. | 1889
We think it was not. The code, §8773, declares that “Declarations accompanying an ..act or s.o nearly connected therewith intime as to be free from all suspicion of device or afterthought, are admissible in evidence as part of res gesteeIt is manifest that the act by which the plaintiff was injured had completely terminated before his declarations were made, and that they were no accompaniment of the same. Were they so connected with it in time as to be free from, all suspicion of device or afterthought.? He had turned his attention from the act to measures looking to his own safety and comfort. He had certainly occupied hi.s thoughts with something besides the facts and circumstances to which his declarations related. He had full opportunity, although no doubt under great suffering, to devise a story in his own interest, and there is no reason for concluding that he did not have capacity to take advantage of his opportunity. He was exposed to the temptation of fabricating
We find no error in the record save 'as indicated in the first division of this opinion.
Judgment reversed.
Sec Estell vs. The State (N. J.), 17 Ab. Rep. 118; Chicago, etc. R. R. vs. Becker (Ill.), 21 N. E. Rep. 524.