Summary of Truck Insurance Exchange v. Michling, 364 S.W.2d 172 (1963)

Facts:  Husband came from work and told wife that injured at work and feeling dizzy.  Husband later died.  Wife testified in court and trial judge admitted the statement of husband that he had hit his head against a bulldozer.

Procedure:  Jury ruled for wife in the civil suit and the Court of Appeals affirmed.

Issue: Was the admission of husband’s statement proper under the spontaneous and contemporaneous exclamations exception?

Holding: No

Rationale: In this case, there were no injuries found on husband’s head and the death was caused by brain hemorrhage which could have been cause for many different reasons.  Therefore, there was no evidence other than the statement itself, to prove that the accident at work even occurred.  For declaration to be admissible in evidence as art of the res gestae they must be made in connection with an act proven.  There must be evidence of an act itself admissible in the case independently of the declaration that accompanies it.  Reversed.