136 Ga. 303 | Ga. | 1911
The defendant in error . (hereinafter called the plaintiff) brought suit against the plaintiff in error (hereinafter called the defendant), alleging that the defendant was a corporation having an office and doing business in the county fn which the suit was brought, and was “indebted to petitioner in the sum of one
There was no testimony to show that Hathcock was a general agent of the railroad company. The evidence shows that when he was sent by the company to attend Brock and Logan (injured on its railroad), the written contract between him and the company was in force. This contract shows that Hathcock was a special agent of the company when he rendered services for it to the injured parties. Under this contract “without specific authority” from one of those referred to in the contract, he had no authority to make a contract by which the company would be bound to pay for the board and lodging of the injured persons, or of any one nursing or otherwise rendering them services in a “hospital or private quarters.” By the express terms of the contract such au^ thority was denied him. The contract provides: “No case of injury must be admitted to • hospital or private quarters on ac
Complaint is also made that the court erred in admitting the following testimony of the plaintiff: “The Southern Railway paid the expenses of Addison staying at my house at the time lie' 'was hurt.” It appears from the testimony that, before Brock and Logan were injured, one Addison was injured and was taken to the hotel of the plaintiff, who was paid for boarding him by the defendant on the recommendation of Hathcock after he left the hotel. This testimony was irrelevant and should have been excluded. There was no effort to show, nor any contention, that it was the custom of the company to pay for boarding injured persons and those attending them, or that it had ever done so except in the instance above referred to, where Addison was injured by the company and it paid his board upon the recommendation of Hathcock.
Judgment reversed.