Chamberlain & Co. v. Masterson
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action was brought by Hugh Masterson against the appellants, as the proprietors of a public hotel in Mobile, to recover damages for the loss of his watch, which was alleged to have been stolen by one of the servants of the hotel while the plaintiff was a guest at the house.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action was brought by Hugh Masterson against the appellants, as the proprietors of a public hotel in Mobile, to recover damages for the loss of his watch, which was alleged to have been stolen by one of the servants of the hotel while the plaintiff was a guest at the house. The matters assigned for error will be readily understood from the opinion of the court. - 1. The plaintiff was not a competent witness to prove the loss of his own watch. The Code (§ 2813) does not authorize it, because the action is for…
1Opinion of the CourtWalker, J.
The action of the court below upon the *301offer by tbe plaintiff of bis own deposition in evidence, is tbe only matter to be considered by ns. So much of the bill of exceptions as relates to tbe questions to be decided, is in tbe following words : “ Upon the trial, the defendants, by their counsel, objected to tbe reading of said deposition, upon tbe ground that said Masterson was not a competent witness to prove tbe loss of bis watch, the subject-matter of this suit. This objection was overruled, and defendants, by their counsel, then objected to tbe entire deposition as improper and illegal…
2Cases cited3 opinions
- Hiscox v. HendreeSupreme Court of Alabama · 1855
- McLane v. SpenceSupreme Court of Alabama · 1847
- Andress v. BroughtonSupreme Court of Alabama · 1852
3Cited by4 opinions
- Glawson v. WileySupreme Court of Alabama · 1859
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
- Frank v. StateSupreme Court of Alabama · 1866
- One Paige Automobile v. StateSupreme Court of Alabama · 1920