McCreary v. Turk
Supreme Court of Alabama
Appeal from tbe Circuit Court of Conecuh. Tried before the Hon. O. W. Rapier. This action was brought against the appellant and othera, as owners of the steamboat ‘A. B. Shaw/ to recover damages for the loss of fifteen bales of cotton. The bill of exceptions states that, “ among other questions, it became material to inquire whether there was enough of officers and hands on said boat, and whether they were skillful and competent.”
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Appeal from tbe Circuit Court of Conecuh. Tried before the Hon. O. W. Rapier. This action was brought against the appellant and othera, as owners of the steamboat ‘A. B. Shaw/ to recover damages for the loss of fifteen bales of cotton. The bill of exceptions states that, “ among other questions, it became material to inquire whether there was enough of officers and hands on said boat, and whether they were skillful and competent.” The defendants offered in evidence the deposition of one James Burroughs, which was taken on interrogatories and cross-interrogatories. The plaintiff moved the…
1Opinion of the Court
RICE, C. J'.
It is manifest from the bill of exceptions, that the evidence excluded by the court was not in its nature irrelevant. It certainly tends to prove that “ there were enough of officers and hands on said boat,” at the time of the occurrence which resulted in the loss of the plaintiff’s cotton. 1 Greenlf. Ev. (5th edition,) § 51 a, 440. It may be weaker than other evidence which might be attained, tending to prove the same fact; but the mere selection of weaker, instead of stronger proofs, .will not justify the exclusion of the weaker, when it is, in its nature, primary and relevant.…
2Cases cited2 opinions
- Porter v. Pequonnoc Manufacturing Co.Supreme Court of Connecticut · 1845
- Pearsall v. McCartneySupreme Court of Alabama · 1856
3Cited by32 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Tesney v. StateSupreme Court of Alabama · 1884
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
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