Maxson v. Michigan Central Railroad
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Daniel C. Maxson against the Michigan Central Railroad Company for the breach of an alleged contract to continue plaintiff permanently in its employ. From a judgment for plaintiff, defendant brings error. In 1887 plaintiff was in the employ of the defendant in its yards at Jackson, Mich., and while coupling cars lost his arm. He was employed by one J. D. Clark, an assistant train-master.
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Error to Wayne; Frazer, J. Assumpsit by Daniel C. Maxson against the Michigan Central Railroad Company for the breach of an alleged contract to continue plaintiff permanently in its employ. From a judgment for plaintiff, defendant brings error. In 1887 plaintiff was in the employ of the defendant in its yards at Jackson, Mich., and while coupling cars lost his arm. He was employed by one J. D. Clark, an assistant train-master. After recovering from the accident, he was re-employed by the defendant, at first tending switches, and subsequently tending the gates. He continued in this employment…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. It was error to admit the testimony of the witness Wells. Contracts cannot be established by statements of an agent made years afterwards. Such statements do not bind the principal. If Bush had been living, and a witness for the de*223fendant, this testimony, upon laying the proper foundation, wquld have been admissible as impeaching. “The admission or declaration of an agent binds his principal only when it is made during the continuance of the agency, in regard to a transaction then depending et dum fervet opus. It is because it is a verbal act, and part of the res…
2Cases cited5 opinions
- Brighton v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1894
- Delta Lumber Co. v. WilliamsMichigan Supreme Court · 1888
- Randall v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1897
- Haven v. BrownSupreme Judicial Court of Maine · 1831
- Hartigan v. Michigan Central RailroadMichigan Supreme Court · 1897
3Cited by23 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
- General Paint Corporation v. KramerCourt of Appeals for the Tenth Circuit · 1932
- Horvath v. Sheridan-Wyoming Coal Co.Wyoming Supreme Court · 1942
- Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
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