Chicago v. Riddle
| Court | Illinois Supreme Court |
| Writing for the Court | BREESE |
| Citation | Chicago v. Riddle, 60 Ill. 534, 1871 WL 8192 (Ill. 1871) |
| Decision Date | 30 September 1871 |
| Parties | CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANYv.JOHN RIDDLE. |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Mercer county; the Hon. ARTHUR A. SMITH, Judge, presiding.
Mr. B. C. COOK and Mr. H. BIGELOW, for the appellants.
Messrs. BASSETT & CONNELL, for the appellee. Mr. JUSTICE BREESE delivered the opinion of the Court:
This was an action on the case to recover damages of appellants for killing a hog by a railroad train under their control.
The only point we have deemed it necessary to consider is, the admissibility in evidence of statements made by Lampson, the engine driver, made after the accident occurred. Lampson was the agent of appellants for a particular purpose, and whilst in the accomplishment of such purpose, his acts and declarations made at the time would doubtless be evidence to charge the principal. But his declarations made after the purpose for which he was employed has been accomplished, or the act done which he was required to perform, can not be given in evidence against his principal, for they are no part of the res gestæ.
The rule is, that the...
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