Alabama & Vicksburg Railway Co. v. Harz

Citations

• 88 Miss. 681
• 42 So. 201

Syllabus

<p>1. Master and Servant. Railroads. Servant’s torts. , Master’s liability. Assattlt and battery.</p> <p>A railway company is not liable for an assault and battery committed within its depot grounds by the chief clerk of its superintendent upon a former employe whose discharge he had procured three days before.</p> <p>2. Same. Testimony as to facts about which the altercation arose.</p> <p>Where on the trial of a civil action for an assault and battery it appeared that a dispute between the parties arose three days before the altercation wherein defendant asserted that he had. paid money to plaintiff, and plaintiff denied the statement, it was not error to exclude the testimony of a third person that he saw the payment made.</p> <p>3. Same. Evidence. Rejected but afterwards admitted.</p> <p>Reversible error cannot be predicated of the exclusion of evidence when first offered, if it be afterwards introduced.</p>