Storla v. Spokane, P. & S. Transportation Co.

Three errors are assigned. One of them is based upon the action of the court in permitting defendant, Spokane, Portland & Seattle Transportation Company, to introduce in evidence the testimony of one Bernard given in the case wherein John L. Storla, in his individual capacity, was plaintiff and the defendants herein were defendants: (136 Or. 315, 297 P. 367, 298 P. 1065.)

It is urged that a sufficient showing was not made to the effect that Bernard was either deceased or out of the state; and that the testimony was otherwise inadmissible, because'the instant case is not between the same…