Birch v. Hale

Citations

• 99 Cal. 299
• 33 P. 1088
• 1893 Cal. LEXIS 657

Syllabus

<p>Evidence—Res (Jests—Deolabations of Agent. —The admission or declaration of an agent binds his principal only when it is made during the continuance of the agency in regard to a transaction then depending, and as part of the res gestae.</p> <p>Id.—Admission of Abohiteot—Past Tbansaotion.—In an action to recover for the construction of an elevator, where the defendant set up as a defense that the work was done so unskillfully and negligently that he was obliged to make repairs costing more than the balance claimed to be due the plaintiff, it being claimed that the pipes leading to the tank through which the water, used to run the elevator, was pumped, were put up in such a “crooked manner” that the pump when at work made a great noise and caused the building to shake, thereby necessitating the repairs made, it is error to receive in evidence the admission of the architect of the defendant that he had given instructions to put the pipes up in that manner, where it did not appear that the architect was still the agent of the defendant when the admission sought to be proved was made, if made at all, nor that it related to a transaction then depending, and was thus a part of the res gestee, but the question showed that it related to a past transaction.</p> <p>Id.—Impeachment of Witness—Contbadiotoby Statements—Laying Foundation.— The testimony of a witness for the purpose of impeaching a former witness that he had made at other times statements inconsistent with his testimony cannot be received without first laying a foundation therefor by stating to the former witness the circumstances of time, place, and persons present, and asking him whether or not he made such statements.</p>