Day 190 - 23 Nov 95 - Page 10


     
     1             unless acting under the express orders of the
     2             directors, make admissions against the company,
     3             even as to receipt of a letter.  Nor do
     4             admissions made by Shareholders bind the company
     5             for any purpose whatever.  The Manager of a
     6             banking company may make admissions against the
     7             bank as to its practice in making loans to
     8             customers.  The Surveyor of a corporation who
     9             has the superintendence of its buildings may
    10             make admissions as to the pulling down of the
    11             buildings...."
    12
    13        Then, my Lord, there are some other examples.  I have some
    14        of those authorities here which have just been referred
    15        to.  Top of the next page, 24-46 -- and this is one of
    16        them:
    17
    18             "A station-master may make admissions against a
    19             railway company as to property lost at his
    20             station when subsequently, in the course of his
    21             duty, giving information to the police as to
    22             such loss."
    23
    24        Then there are some more.  Then the passage starting after
    25        the footnote 51, the last third of this paragraph:
    26
    27             "In an action against a company for injury by a
    28             dog, admissions as to its ferocious character
    29             made by servants of the company who had known
    30             the dog, are not receivable against the company
    31             though aliter if made by the manager of the
    32             business at the place, or by the person who had
    33             charge of the yard, or even of the dog."
    34
    35   MR. MORRIS:  Sorry, what does aliter mean?
    36
    37   MR. RAMPTON:  Otherwise.
    38
    39   MR. MORRIS:  So they would be acceptable by the others?
    40
    41   MR. JUSTICE BELL:  Yes.
    42
    43   MR. RAMPTON:  "In Edwards v. Brookes (Milk) Ltd an
    44             inspector of weights and measures visited a
    45             company's premises and spoke to a man who
    46             identified himself as the depot manager and who
    47             made certain admissions.  The court held that
    48             not only was there prima facie evidence that the
    49             man was the manager but that also he was
    50             entitled to make statements and admissions on 
    51             behalf of the company." 
    52 
    53        That is a case that was brought to the court; and it does
    54        repay attention because, as it is put in the text book, it
    55        may be that it is put somewhat too broadly.
    56
    57        My Lord, then at the next tab are some pages from
    58        Bowstead -- not very many again -- perhaps even more
    59        succinctly and clearly expressed than Phipson.  This,
    60        I think, is the 15th Edition.

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