Burke v. Wells, Fargo & Co.
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The defendants were a joint stock association composed of several persons doing an express business in the State of California. They transported treasure in small safes on the stages. On the 17th day of November, 1863, the stage was stopped near Fiddletown, El Dorado County, and their safe broken open and robbed of two thousand and thirty-five dollars.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. The defendants were a joint stock association composed of several persons doing an express business in the State of California. They transported treasure in small safes on the stages. On the 17th day of November, 1863, the stage was stopped near Fiddletown, El Dorado County, and their safe broken open and robbed of two thousand and thirty-five dollars. They then published throughout the State the following notice and offer of reward : “ $2,000 Reward. “ On yesterday morning, November 17th, one mile this side of…
1Opinion of the Court
By the Court, Sawyer, J. :
We think the Court erred in admitting in evidence the statements of Driscoll, made in the County Court, at the time he pleaded guilty to the indictment. Driscoll’s declaration cannot be evidence against Wells, Fargo & Co. To entitle plaintiff to the reward offered, it was necessary to show that Driscoll was the robber, and that he was convicted of the robbery. The record is evidence to show the conviction, but, as against defendants, not to show that Driscoll was the robber. Wells, Fargo & Co. are not parties to the record, nor do they stand in privity with parties…
2Cited by7 opinions
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- Board of Education v. KingCalifornia Court of Appeal · 1947
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