Mobile & Montgomery Railway Co. v. Jay
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. John K. Henry. This action was brought by A. Jay against the appellant, to recover the value of services rendered by the plaintiff, as a physician and surgeon, to one Richardson, a negro man, who was badly injured by the defendant’s cars while in its service and employment, and whose leg was amputated in consequence of the injuries which he received.
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John K. Henry. This action was brought by A. Jay against the appellant, to recover the value of services rendered by the plaintiff, as a physician and surgeon, to one Richardson, a negro man, who was badly injured by the defendant’s cars while in its service and employment, and whose leg was amputated in consequence of the injuries which he received. On the trial, as the bill of exceptions states, the plaintiff testified, as a witness for himself, that the negro man was in the defendant’s employment at the time he was injured,…
1Opinion of the CourtSomerville, J.
— The letter of Daniel Tyler, president of the defendant railway company, was improperly admitted as evidence in the trial before the nisi prim court. It bears no date. It does not appear when it was written, nor when received. No evidence was offered to prove the contents of the letter of Burnett, to which it was a reply ; nor was it proposed to make it relevant by any such extraneous evidence. Without the light of other facts, we are left in the dark as to whether or not it related to the subject-matter of this particular suit. Prima facie, therefore, the letter was irrelevant, and the…
2Cases cited2 opinions
- Smith v. SheeleySupreme Court of the United States · 1871
- Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
3Cited by14 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Clark v. Taylor & Co.Supreme Court of Alabama · 1880
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
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