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Daniel Griffin, in error v. Montgomery and West Point Railroad Company, in error
By the Court.
Lumpkin J.
delivering the opinion.
To bind the principal by the admissions of his agent, they
[113] must be made at the time the thing occurs, or the business is transacted. 1 Greenhaf, sec. 713 and note, and the authorities there cited.*^The conductor is a competent witness in this case, and should have been examined. His sayings, made at a subsequent time, are no part of the res gestm, and were properly excluded by the Court.
Judgment affirmed.