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GREAT AMERICAN INDEMNITY COMPANY v. ELLEDGE

No. A-6910.

320 S.W.2d 328 (1959)

GREAT AMERICAN INDEMNITY COMPANY, Petitioner, v. Opal Mae ELLEDGE et al., Respondents.

Supreme Court of Texas.

January 21, 1959.

Attorney(s) appearing for the Case

Kemper & Kemper, Houston, for petitioner.

Joseph Kirchheimer, Houston, for respondents.

PER CURIAM.

The trial court instructed a verdict in favor of petitioner, and the Court of Civil Appeals reversed and remanded the cause for a new trial. 312 S.W.2d 722. We agree with the Court of Civil Appeals that the statement made by the deceased employee to his wife and overheard by Barbara Jean Noack on the night of September 3, 1956, is admissible as a declaration tending to show the state of mind and immediate purpose of...

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