George Shiras, Jr.

“ The contention that the judgment below was invalid because the verdict of the jury was not signed by the foreman, as required by a section of the Code of Montana, [1] is, in our opinion, without merit. The record discloses that when the verdict was rendered, at the request of the defendant, the jury was then and there polled by the clerk, and each of said jurors answered that the verdict, as read, was theirs. Whereupon the plaintiff moved for judgment in accordance with said verdict. ”

“ This objection is founded upon the witnesses having been permitted to testify to statements made by the defendant, at various times, to the physicians in respect to his feelings, aches, and pains, and it is contended that such statements were made too long after the occurrence of the injury to be part of the res gestate, but were merely narrations of past incidents ”

“ At any rate, although it was only a day or two before, or possibly during the trial, it does not appear that such was not the case.
'The declarations of a party himself, to whomsoever made, are cop etent evidence, when confined strictly to such complaints, expressions, and exclamations as furnish evidence of a present, existing pain or malady, to prove his condition, ills, pains, and symptoms, whether arising from sickness, or from an injury by accident or violence. ”