
    Poole v. East Tenn., Va. & Ga. Railway Co.
    In a suit by a widow against a railroad company for the homicide of her husband, wherein she alleged that his death was caused by the negligence of the company in failing to repair a private crossing over its track, declarations of the husband made to his wife and others, after he had ridden a half mile from the crossing, to the effect that he was riding a mule over the crossing and that the mule had fallen because of a hole therein, and had thus injured him, were inadmissible, not being a part of the res gestæ. Newsom v. Ga. Railroad, 66 Ga. 57; Railroad Co. v. Randall, 79 Ga. 304; Railroad Co. v. Holland, 82 Ga. 258.
    March 10, 1893.
    Argued at the last term.
    Action for damages. Before Judge Janes. Paulding superior court. August term, 1892.
    Mrs. Poole sued the railway company for the homicide of her husband, alleging that his death resulted from injuries received by the mule he was riding getting its foot caught in a hole or crack of a private way crossing over the railroad track, which crossing had been allowed by the defendant to become dangerous by reason of rotten planks, etc., in the same, whereby deceased was suddenly thrown from the mule, and being unable to free himself from the stirrups, was violently jerked and wounded by the animal in its efforts to extricate its foot. The only evidence of the cause of the injuries was that synopsized in the head-note. This evidence was excluded, and the plaintiff was nonsuited.
    J. O. Gartrell, C. D. McGregor and J. J. Northcutt, for plaintiff.
    Dorsey, Brewster & Howell, for defendant.
   Judgment affirmed.  