Brooks v. Sessoms

Mattie Brooks, as temporary administratrix of the estate of Calvin Eiley, deceased, brought an action against Alex K. Sessoms, as a common carrier, to recover damages for the homicide of Calvin Eiley. The plaintiff was nonsuited, and he excepted.

The plaintiff alleged that the defendant was a common carrier, and the defendant specifically denied this allegation, thus making this a material issue in the case. On this issue the plaintiff offered the testimony of J. H. Williams, who testified in part as follows: “After I got hold of this case I thought Mr. Sessoms was operating under the…