Crutcher v. Memphis & Charleston Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. S. D. Hale. This action was brought by Reuben Crutcher, against the Memphis & Charleston Railroad Company, to recover damages for the loss of a slave, who was accidentally killed while working on the defendant’s road; and was commenced on the 23d July, 1857. The complaint, as amended, contained a count in trover, and also a special count, which averred that the slave, while in the defendant’s possession under a…
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Appeal from the Circuit Court of Madison. Tried before the Hon. S. D. Hale. This action was brought by Reuben Crutcher, against the Memphis & Charleston Railroad Company, to recover damages for the loss of a slave, who was accidentally killed while working on the defendant’s road; and was commenced on the 23d July, 1857. The complaint, as amended, contained a count in trover, and also a special count, which averred that the slave, while in the defendant’s possession under a contract of hiring, was employed in work which was extraordinarily dangerous and hazardous, contrary to the stipulations…
1Opinion of the CourtA. J. Walker, C. J.
[1.] — The contract of hiring in this case was not, prima facie, the contract of the defendant, but of him by whom it was executed. The word “agent,” following the signature to the contract, does not constitute it the contract of an agent for his principal. — Drake v. Flewellen, 33 Ala. 106. The contract was, therefore, prima facie, inadmissible; and, in the absence of the introduction or offer of explanatory evidence, was properly excluded.
[2.] There was no error in rejecting the offer in evidence of the deposition of Newby, with its exhibit; for at *584least a portion of it was illegal, and the…
2Cases cited10 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
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3Cited by10 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Scott v. StateSupreme Court of Alabama · 1895
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Bressan v. HerrickIdaho Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.