Central of Georgia Railway Co. v. Rutland
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by S. J. Rutland against the Central of Ga. Railway Company for damages for failure to deliver a bale of cotton claimed to have been shipped over its line. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by S. J. Rutland against the Central of Ga. Railway Company for damages for failure to deliver a bale of cotton claimed to have been shipped over its line. Judgment for plaintiff and defendant appeals. The court erred in permitting the witness to he examined concerning declarations and statements made some four or six months subsequent to the alleged loss of the cotton. — Western N. Ü. v. Judson, 1 Ala. App. 615; Moore v. Ry. Go. 137 Ala. 495; L. &.N. v. Pearson, 97 Ala. 211; R. & D. v. Hammond, 93 Ala. 181; M. & G.…
1Opinion of the CourtWalker, P. J.
While it is beyond- the scope of an agent’s authority to bind his principal by admissions or declarations having reference to bygone transactions, and for this reason such admissions or declarations may not be proved against the principal (Western Newspaper Union v. Judson, 1 Ala. App. 615, 55 South. 1026), yet this rule is not to be given such effect as to exempt the testimony of the agent, when offered by his principal in his own behalf, from being impeached in a manner that would be permissible in the case of a witness who bears no such relations to the party in whose behalf he testifies.…
2Cases cited3 opinions
- Holley v. StateSupreme Court of Alabama · 1894
- Steinhardt v. BellSupreme Court of Alabama · 1885
- Western Newspaper Union v. JudsonAlabama Court of Appeals · 1911