Cohn & Goldberg Lbr. Co. v. Robbins
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Action by W. 0. Robbins, Jr., against the Cohn & Goldberg Lumber Company. Judgment for plaintiff, and defendant appeals. The cause of action is based upon the injury done to the horse and buggy of plaintiff by being rim into by a team of oxen and wagon belonging to the defendant and at the time under the control and management of one L. F. Hood, a servant of the defendant.
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Appeal from Elmore Circuit Court. Heard before Hon. W. W. Pearson. Action by W. 0. Robbins, Jr., against the Cohn & Goldberg Lumber Company. Judgment for plaintiff, and defendant appeals. The cause of action is based upon the injury done to the horse and buggy of plaintiff by being rim into by a team of oxen and wagon belonging to the defendant and at the time under the control and management of one L. F. Hood, a servant of the defendant. While Robbins was being examined as a witness, and had testified that Mrs. Lancaster was in the buggy and was driving, meeting the team of oxen, he was…
1Opinion of the CourtDowdell, C. J.
The general rule is that the declaration of one made while in the actual possession and control of personal property, and explanatory thereof, is admissible in evidence, and this upon the idea that it is a part of the res gestse of such possession. — May-field’s Digest, vol. 8, p. 453, § 355. We think, however, when, as in the present case, the person Avhose declaration is sought to be proven is himself the ivitness testifying, and not being sought for purpose of impeachment, such evidence would be of little probative force, since the sworn testimony of the witness as to the facts would be…
2Cases cited9 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Central Railroad & Banking Co. v. SmithSupreme Court of Alabama · 1884
- First National Bank v. LelandSupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
- Alabama Power Co. v. SmithSupreme Court of Alabama · 1934
- Eidson v. McDanielSupreme Court of Alabama · 1927
- Atlantic C. L. Ry. Co. v. Enterprise Cotton Co.Supreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.