Saenger Amusement Co. v. Murray

Citations

• 128 Miss. 782
• 91 So. 459

Syllabus

<p>1.Evidence. Testimony as to declarations of alleged agent as to. fact and extent of agency inadmissible as heresay.</p> <p>The declarations of an alleged agent as to the fact of his agency and the scope and extent of such agency testified to by another have no probative value. Such evidence only proves the fact that such declarations were made, and do not prove nor tend to prove the ultimate fact of agency and the scope and powers of the alleged agent, It is hearsay and comes within the rule against hearsay evidence.</p> <p>2. Evidence. Advertisement not sufficient to prove fact advertised in absence of testimony that defendant authorized advertisement.</p> <p>The advertisements appearing in a newspaper representing defendant as operating a moving picture show conducted in a certain building are not sufficient to prove that fact in the absence of testimony going to show that defendant authorized such advertisements.</p> <p>3. Pleading. Defendant may make any.defense under plea of general issue founded on mere denial of allegations of declaration; Where declaration alleged defendant owned picture show, and that plaintiff was .injured while employed in such business, defendant, under general issue, could show that it did not own or operate pictwe show.</p> <p>A defendant may make any defense under the plea of general issue which is founded on a mere denial of the allegations of the declaration. Therefore in a case where plaintiff alleged in his declaration that defendant owned and operated a picture show in a certain building, and that plaintiff was an employee of the defendant in and about the conduct of such business, and while so employed received an injury through the fault of the defendant for which suit is brought, and defendant pleaded the general issue alone, and under said plea offered evidence to show that plaintiff was not its employee because it neither owned nor operated such picture show, which evidence the trial court ruled out on the ground that suc