Plummer v. Seaboard Air Line Railway Co.

Plaintiff sues to recover damages for an alleged illness caused by tonsilitis claimed to have been caused by traveling in a “cold passenger car” of defendants from Raleigh to Norlina.

The plaintiff was permitted to testify to a conversation with the porter as to the breaking of a steam pipe before plaintiff boarded the train, and in which the porter said “it is pretty tough, but you know I am employed by the railroad and I dare not bother, because my job is at stake.”

It is well settled that the declarations of an agent not a part of the res gestee and made after the transaction are…