WILLIAMS BROS. LUMBER CO. v. MEISEL

33769, 33782.

85 Ga. App. 72 (1951)

68 S.E.2d 384

WILLIAMS BROS. LUMBER CO. v. MEISEL et al. MEISEL v. WILLIAMS BROS. LUMBER CO. et al.

Court of Appeals of Georgia.

Decided December 4, 1951.


Attorney(s) appearing for the Case

Andrews, Nall & Sterne, Thomas E. McLemore, for plaintiff in error.

Israel Katz, W. Neal Baird, Neely, Marshall & Greene, Haas & Hurt, Howard, Tiller & Howard, contra.


FELTON, J.

1. Special ground four of the amended motion alleges that the court erred in refusing to admit testimony that the deceased stated, about ten minutes after he was struck and while he was still lying on the spot where he was struck, that the taxicab was "driving fast." It is contended that such testimony should have been admitted as being a part of the resgestae. Whether or not such statement by the deceased was a part of the res gestae, we feel that the...

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