Woody v. Carolina Spruce Co.
Supreme Court of North Carolina
ActioN, tried before Ferguson, J., and a jury, at Fall Term, 1917, ■of Yancey. The plaintiff sought to recover damages for an injury to bis arm while he was in the service of the defendant and under the treatment of its surgeon, as plaintiff alleged. Defendant denied that the surgeon had been employed by it.
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ActioN, tried before Ferguson, J., and a jury, at Fall Term, 1917, ■of Yancey. The plaintiff sought to recover damages for an injury to bis arm while he was in the service of the defendant and under the treatment of its surgeon, as plaintiff alleged. Defendant denied that the surgeon had been employed by it. In order to prove his allegation that the surgeon was employed by defendant, plaintiff introduced a letter which, he alleged, was signed by C. S. Aldrich, president and general manager of defendant, and received by Milt Dellinger, one of defendant’s employees, who testified that it had…
1Opinion of the Court
Walker, J.,
after stating tbe case: It is perfectly evident from a reading of tbe case tbat tbe witness Milt Dellinger did not know wbo bad written tbe letter except by bis inference from wbat be saw on its face, wbicb be imperfectly and doubtfully recalled, tbe letter having been lost or destroyed. "Wbat be stated tbat be saw was not sufficient to authenticate tbe letter or to fix tbe defendant, through its president, as tbe author of it. Tbe general rule as to tbe proof of tbe genuineness of a letter or telegram and its admissibility as evidence is thus stated in 25 Enc. of Law, at p. 876:…
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