Truck Insurance Exchange v. Michling

364 S.W.2D 172 (1963)

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Nature of the Case

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Facts

The only evidence regarding decedent's injury was his widow's (P) testimony. She stated that when the decedent came home from work, he got out of his car stumbling, batting his eyes and looking pale. She said that he told her that he had hit his head on the iron bar across the seat of the bulldozer he was driving. Her husband died about a month later. The testimony was admitted under the 'spontaneous exclamation' exception to the hearsay rule. P got the verdict and D appealed; the statements were hearsay and did not come within the res gestae rule (excited utterances rule) because they did not independently describe the event or occurrence that gave rise to the death of the husband.