Oregon Supreme Court June 9, 1908 (Fredenthal v. Brown)

Mr. Justice Eakin

delivered the opinion of the court.

1. The plaintiff’s case rests principally upon whether the statements made by Smith, the engineer, to witnesses Olsen and Mahoney, soon after the accident, in relation to the cause thereof, was competent evidence against the principal as admissions by an agent. It was not shown by the evidence that Smith was the agent of the defendant for any.