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The representations of deceased persons as to the state of their health, where relevant to the issue, have been frequently received, without proving that they were made under the belief of approaching death (Avcson v Lord Kin- naird, 6 East, 188, 198, 1 PhiL EV, 233) The judges held the evidence unexceptionable on general principles, as the account of the deceased person. Concerning her existing state of health, which was the subject of inquiry. So, inquiries by medical men, with the answers to those inqui- ries, are evidence of the state of health of the patient at the time. What a man has said of himself to his surgeon is evidence in an action of assault and battery to show what he has suffered in consequence of the assault. In 'an action for breach of warranty of the soundness of a slave, his declarations, that he had a pain in his side, by which the disease was detected, were held to be admissible ( Grey v Young, 4 Me Cord, 38) These arid several other cases which could be quoted, stand on the doctrine of res gestee. prev     next
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