Pullman Co. v. Meyer
Supreme Court of Alabama
Appeal from Selma City Court. .Heard before Hon. J. W. Mabry. C, Action by Albert Meyer against the Pullman Company, for damages for breach of contract to furnish him and wife drawing-room transportation from Anniston to the East.
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Appeal from Selma City Court. .Heard before Hon. J. W. Mabry. C, Action by Albert Meyer against the Pullman Company, for damages for breach of contract to furnish him and wife drawing-room transportation from Anniston to the East. Judgment for plaintiff, and defendant appeals?] Transferred from Court of Appeals under section 6, Acts 1911, p. 449. sufficiently appear from the following charges were refused to defendant: (3) You are not authorized to assess any damages for alleged mental suffering or an- [8) li you oeiieve tne evidence, you are not authorized to-find that defendant, the Pullman…
1Opinion of the Court
McCLELLAN, J.(1) In an action by a third party against an alleged principal the burden of proof — if the fact of the re*401lation of principal and agent or the extent of the authority conferred is disputed — is on the affirmer thereof.(2) Where the fact of such disputed relation or the extent of authority conferred rests in parol, and there are in evidence other facts and circumstances tending to show the relation or the extent of authority conferred, the acts and declarations of the asserted agent are relevant to the issues tendered and are admissible. — Robinson v. Greene, 148 Ala. 434, 43…
2Cases cited21 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Travis v. L. & N. R. R.Supreme Court of Alabama · 1913
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Volkswagen of America, Inc. v. DillardSupreme Court of Alabama · 1991
- Hill v. RiceSupreme Court of Alabama · 1953
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
24 more not listed; retrieve them via the Exa API.