The Birmingham age-herald., 1903-01-23
Opinions Rendered
 By Supreme Court

ing evidence in the case is without con- fict, and justifies the giving of the gen. eral affirmative charge for the party in whose favor the judgment was rendered and is sufficient to support such judg- ment.
 9 Master and servant; when master liable for acts of seryant.-The master Is liable in damages for the act of his serv- ant or employee, when the act which re- suits in the injury complained of is done while the servant is acting within the scope of his employment in the masters service, and was such as may be fairly said to have been authorized expressly or mpliedly by the master or was suoh as was incident to the performance of the duties entrusted to him by the master.
 3. Same; same; case at bar.-In an &C., tion to recover damages for injury to plaintiffs stock of goods, which wss cans- ed by reason of the overflow of a bath tub in the bath room of a hotel, which was just above plaintiffs stock, 1t was shown that in response to a bell being rung by a guest of the hotel ths bell boy answered and was directed to pre- arc the tub for a bath of guest, that he opened the faucets of the bath tub and found there was not a sufficient supply of towels in the bath room, that he left to get them, that he was delayed in his return and staid away until the tub had filled with water and overfowed, caus- ing the damage to plaintiffs stock of goods for which they sue. Held: That the overflow was caused by the negli- gence of the servant while acting with in the scope of his employment, and that, therefore, the master was liable.
 Affirmed. Opinion by Haralson, J.
 
 Mobile Street Railway Company vs. Wat
 ters-Action by Passenger against Street Railway Company for Wrongful Ejee-
 tion from Car-Appeal from the Cir
 cult Court of Mobile.
 l. Money: when silver coin legal ten der-A coin issued by authority of law to circulate as money, Is not deprived of the quality of legal tender merely by be- ing worn in the process of circulation, nor does such coin lose it's quality of legal tender, so long as it is not appre- ciably diminished In weight and retains the appearance of a coin duly issued from the mint.
 9 Pleading and practice; result of inn material issue.-In the trial of a case, when issue Is joined on defective plea, or plea rendering an immateri-l issue, evidence relative to the issue so present. ed can not be excluded or disregarded, and the cause must be tried upon the is- sue presented and the verdict of the jury should respond thereto.
 3. Action against street railway com pany for wrongful election of passenger- In an action by a passenger against a street railway company for his wrong- ful election from one of it's cars, where issue is joined upon a piea which ayers that when the defendants conductor de- manded his fare, "a silver coin which was so worn flat tbN ctaY,,nioo tl,ar.,o,, could not be seen with sufficient distinct ness 70 enable the conductor to tell whether the coin had originally been a coin of the United States government or not" and upon the conductor declin- ing to receive said coin, and the plain tiff declining to pay his fare with any other money. he was elected such plea does not put in issue the legality of the coin in question, but does put in issue the coins condition together with the abil- ity of the conductor to determine it's gen uineness, and charges requested by the plaintiff, which ignore the issue present. ed by such plea, are properly refused
 4. Pleading and practice; coin used in trial of case can not be certified to Su- gpreme court.-Rule 27 of practice in the Supreme court, which authorizes the transmission to the Supreme court of orig inal papers used in evidence in the trial Couit anu tOpltu lHto the tranScr1pt, does not authorize the transmission to the Supreme court of a coin used and irtro- duced In evidence in the trial court.
 ,. Action against street railway com rany for wrongful election of passenger; admissibilty of eyidence-In an acticn to recover damages for the alleged wrong full election of the plaintiff to show where after being put off the car. he obtained the money to pay his car fare home: such evidence being irrelevant and imma- terial Reversed and remanded Opinion by Sharpe, J.
 Patterson vs. Neal-Action to recover
 Damages for Death of Minor Son-Ap-
 peal from the City Court of Birming-
 ham.
 l. Action for death of minor son. when wrongful employment not shown.--In an action brought by a father to recover damages for the death of his minor scn boy 16 years old, where the complaint does not charge that the death was caus- ed by any negligence on the part of the defendant or his employers. but ayers the wrongful employment of the plaintiff's minor son by the defendant 1t was shown AIa4 2l..a ..s~.I Y.I1t