Otis v. Thom
Supreme Court of Alabama
Error to the Circuit Court of Mobile, Tried before the Hon. Lyman Gibbons. This action was brought by"Reuben Thom, the'defendant in error, against the owners of the steamboat Lowndes, who are the plaintiffs in error, to recover damages for the loss of a stage, occasioned by a collision between the steamboat and the ferry flat on board of which the stage was.
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Error to the Circuit Court of Mobile, Tried before the Hon. Lyman Gibbons. This action was brought by"Reuben Thom, the'defendant in error, against the owners of the steamboat Lowndes, who are the plaintiffs in error, to recover damages for the loss of a stage, occasioned by a collision between the steamboat and the ferry flat on board of which the stage was. On the trial, a witness for the plaintiff stated, that he had known the ferryman of the flat for fifteen years, and that he believed him to be an export and careful ferryman. The defendants objected to this evidence, on the ground that it…
1Opinion of the CourtGodth Waite, J.
It may bo doubtful whether the objection to that portion of the testimony of the witness which gave his opinion as to the ferryman of the flat being expert and careful can be sustained, on the ground that such evidence was matter of opinion merely. It is, however, unnecessary to decide this question, as the record shows that it was also objected to on the ground of irrelevancy, and on this ground the objection should have been sustained. The only issue involved was, whether the collision took place through the fault of the steamboat. If this was established, the owners were responsible ; and…
2Cited by9 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
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