Southern Indiana Railway Co. v. Osborn

Concurring Opinion.

Wiley, J.

I concur in the conclusion, but am of the opinion that the admission of evidence as to what the engineer of the locomotive upon which appellee was fireman said after the accident was erroneous. The evidence shows that the statement of the engineer was made about forty-five minutes after the accident, and if so it was not a part of the res gestae, and should not have been admitted.