56 So. 594 | Ala. Ct. App. | 1911
The defendant introduced evidence tending to show that,the plaintiff was drunk and disorderly on the occasion of his being put out of the defendant’s theater. S. F. Cunningham, a witness introduced in rebuttal by the plaintiff, stated: “I have known this negro Tom Means [the plaintiff] for several years, hut I cannot say exactly how long — for several years.” The plaintiff’s counsel then asked the witness the following question: “I say, have you ever known of him drinking any or being under the influence of intoxicating liquors in any way?” The defendant objected to the question on the ground that it called for immaterial, irrelevant, and incompetent testimony, and duly excepted to the action of the court in overruling the-objection. The witness ansAvered: “I have never seen him under it.” On cross-examination this witness stated: “I have known Tom Means for several years. He never did work for me. I do not know. AAdiat he does after, dark Avhen he goes to show's. I have never been thrown with him any.’,’ The appellant assigns the above-mentioned ruling as error. Another assignment of error is based on a similar ruling on an objection to a question on the same line propounded to another witness.
We are of opinion that the evidence called for by the questions Avas not legally relevant, and that the objections to the questions should have been sustained. “As a general rule, facts are deemed releAmnt as evidence AArhich logically tend to prove or disprove the fact in issue, yet the rule does n.ot. require the admis
The court was in error in the rulings above mentioned.
Reversed and remanded.