71 So. 89 | Ala. Ct. App. | 1916
The appellee, as plaintiff in the trial court, brought an action for damages against the defendant (appellant) for personal injuries alleged to have been sustained on one of the streets in the'city of Birmingham, as the result of the plaintiff’s having been injured by being run into, or against, by a messenger boy on a bicycle, in the service or employment of the defendant (while acting within the line and scope of his duties as such employee), engaged in or about the delivery of a message. The case was tried on pleas of contributory negligence and the general issue, resulting in a judgment for the plaintiff.
The plaintiff’s evidence on the trial, in part, tended to show that the boy, riding a bicycle and coming from the direction of the defendant’s office in the city of Birmingham about a block away, ran his bicycle over or against the plaintiff while she was waiting at a proper and customary place on a street crossing for the purpose of boarding a street car. It was also shown that the defendant, as part of its regular business, was engaged in receiving and delivering messages in the city of Birmingham for a reward; that it employed boys, who used bicycles in the transaction of this business; that the boy in question, at the time of running against the plaintiff with his bicycle, had on a cap bearing the inscription, “Postal Telegraph-Cable Company,” and had in his hand an envelope closely resembling .the particular kind of envelope used by the defendant for messages handled and delivered by it.
The plaintiff, while testifying as a witness in her own behalf with reference to the messenger boy running into her, was asked the following questions: (1) “I will ask you what he said when you asked him for his name?” (2) “Just at the time you were injured, Mrs. Minderhout [the plaintiff], and at the time you were scrambling up from where you were hurt, did the boy say anything to you concerning the delivery of his message; whether he was delivering a message or not?” To the first question the witness answered: “He refused to give me his name.” To the second question the following answer was made: “Yes; he said he was delivering a message.” The defendant separately objected to each of these questions and separately moved to exclude each of the answers, and duly reserved exceptions to the adverse
We think the court’s rulings on the evidence complained of are free from error.
Affirmed.