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.
