ALABAMA & MISS. R. R. R. CO. vs. JOHNSON

ALABAMA & MISS. R. R. R. CO. vs. JOHNSON. [ACTION AGAINST COMMON CARREER.] 1. Evidence; illegal. — The admission of a letter as evidence against objection in a suit against a corporation, which contains the mere statement of a third person, and not the declaration of an officer or agent of the corporation, made in the discharge of the duties of his office or agency, is illegal. Appeal from the Circuit Court of Dallas. Tried before Hon. John Moore. This was an action by the appellee against the appellant, a corporation, to recover damages for the failure of the defendant to deliver certain goods shipped upon defendant’s road, and was commenced on the 30th March, 1857. At the spring term, 1867, there was a verdict and judgment for the plaintiff. The only question raised by the bill of exceptions, was the introduction by the plaintiff of the following letter as evidence : Selma, Feb. 8th, 1857. Dear Sir: Yours of the 5th instant came to hand this morning; on examining my receipt book, I found I had received on the 13th ultimo, one barrel of hard wine from Messrs. S. & M., which I shipped immediately for you to the end of the Marion road. I hope you may yet be able to trace up your lost goods, and any assistance I can render you in the matter, will be with pleasure, &c. Bespectfully, W. Sheaver. As the bill of exceptions states, tbe plaintiff proved, as a predicate for the introduction of said letter, that said letter, as above copied, was in tbe bandwriting of said W. Sbeaver, and that said Sbeaver was dead, and that said W. Sbeaver was, at tbe date of said letter, tbe receiving clerk for tbe defendant at Selma, and 'then read tbe letter to the jury, against tbe objection of tbe defendant; to wbicb ruling of tbe court tbe defendant excepted.' Tbe defendant appealed and assigned as error, tbe introduction of said letter as evidence. J. R. John, and Pettus & Dawson, for appellant. . John T. Morgan, contra. [MAJORITY — A. J. WALKER, C. J.] A. J. WALKER, C. J. Tbe court below erred in overruling tbe objection to tbe letter of Sbeaver. That letter was but tbe statement of a thjrd person. It was not tbe declaration of an officer or agent, made in tbe discharge of tbe duties of bis office or agency. In so far as it relates to this case, it was a statement in reference to a past transaction. Reversed and remanded-. Byrd, J., not sitting.