Campbell v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Son. William L. Jarrott, Judge. (1) It is too clear for argument, the court improperly admitted the evidence to- the effect that Dodd paid Wolf $2 for the latter’s damages. The admissions of an agent, however high he may be in authority, are not binding upon the principal, unless made under such circumstances as to' constitute them a part of the res gestae.
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Appeal from the Johnson Circuit Court. — Son. William L. Jarrott, Judge. (1) It is too clear for argument, the court improperly admitted the evidence to- the effect that Dodd paid Wolf $2 for the latter’s damages. The admissions of an agent, however high he may be in authority, are not binding upon the principal, unless made under such circumstances as to' constitute them a part of the res gestae. McDermott v. Railway, 73 Mo. 516; Adams v. Railway, 74 Mo. 553; Hamilton v. Berry, 74 Mo. 176; Scovill v. Glasner, 79 Mo. 455; Leahey v. Railway, 97 Mo. 165; Barker v. Railway, 126 Mo. 147, 148;…
1Opinion of the CourtEllison, J.
This is an action for damages caused to plaintiff’s property by reason of a fire charged to have been set by one of defendant’s locomotive engines. Plaintiff recovered in the trial court and defendant appeals.
It appears that at the trial in the circuit court (which was without a jury) the plaintiff was permitted to introduce, over the objection of defendant, the testimony of witness Wolf to the fact that defendant, through its claim agent, paid him for a loss resulting from the same fire. This was offered and admitted on the theory that it tended to prove an admission of liability for the…
2Cases cited8 opinions
- Bergeman v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1890
- Longdon v. KellyMissouri Court of Appeals · 1892
- Rickroad v. MartinMissouri Court of Appeals · 1891
- Price v. ThorntonSupreme Court of Missouri · 1846
- Mason v. OnanMissouri Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- San Angelo Water, Light & Power Co. v. BaughCourt of Appeals of Texas · 1925
- Weiss v. KohlhagenOregon Supreme Court · 1911
- Michigan Mutual Home Insurance v. Pere Marquette Railway Co.Michigan Supreme Court · 1916
- Zahumensky v. FandrichOregon Supreme Court · 1954
- Chicago, Rock Island & Pacific Railway Co. v. RhodesColorado Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.