SOMOGYI v. CINCINNATI, N. O. & T. P. RY. CO.

No. 7734.

101 F.2d 480 (1939)

SOMOGYI v. CINCINNATI, N. O. & T. P. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

February 10, 1939.


Attorney(s) appearing for the Case

John S. Cooper and R. C. Tartar, both of Somerset, Ky., for appellant.

George R. Hunt, of Lexington, Ky. (Maurice L. Galvin, of Cincinnati, Ohio, B. J. Bethurum, of Somerset, Ky., and Geo. R. Hunt and J. R. Bush, both of Lexington, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

The appellant sued to recover for the death of the decedent resulting from injuries received by him while employed in the defendant's machine shop. The District Court, after excluding evidence of statements made by the decedent while still suffering from pain and shock and in a highly nervous state as to the cause and manner of the injuries, proffered under the res gestæ rule, directed a verdict for the defendant. The errors complained...

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