Griffin v. Montgomery & West Point Railroad
Supreme Court of Georgia
Trover, from Muscogee. Tried before Judge Worrill, May Term, 1858. The Montgomery and West Point Railroad Company conveyed a negro boy, Warrerf, from Columbus, belonging to Daniel Griffin, the plaintiff, away from his possession; whereupon he brought his action of trover.
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Trover, from Muscogee. Tried before Judge Worrill, May Term, 1858. The Montgomery and West Point Railroad Company conveyed a negro boy, Warrerf, from Columbus, belonging to Daniel Griffin, the plaintiff, away from his possession; whereupon he brought his action of trover. On the trial of the case, plaintiff proposed to prove by the admission of David Cropp, conductor of one of the passenger trains of defendant, to the superintendent, Samuel G. Jones, that he carried plaintiff’s boy, Warren, over the road, knowing him to be a negro, and that he belonged to plaintiff; the negro was passing for…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
To bind the principal by the admissions of his agent, they *113must be made at the time the thing occurs, or the business is transacted. 1 Greenhaf, sec. 713 and note, and the authorities there cited.*^The conductor is a competent witness in this case, and should have been examined. His sayings, made at a subsequent time, are no part of the res gestm, and were properly excluded by the Court.
Judgment affirmed.
2Cited by8 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Hawker v. B. &. O. R. R.West Virginia Supreme Court · 1879
- Lawrence v. DuBoisWest Virginia Supreme Court · 1880
- Chattanooga, Rome & Columbus Railroad Co. v. LiddellSupreme Court of Georgia · 1890
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
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