TRUCK INSURANCE EXCHANGE V. MICHLING
364 S.W.2D 172 (1963)
NATURE OF THE CASE: This was a workers' compensation action. Appealed. Truck Insurance
(D) appealed a judgment, which affirmed the judgment of the trial court awarding death
benefits to Michling (P), wife and other statutory beneficiaries.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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