Travelers Insurance v. Foss

On report. Agreed facts from the Superior Court in Kennebec.

Where one is being sued in his capacity as administrator of the estate of a dead person, by the insurance carrier 'of a statute-subrogated employer of a compensated employee, for damages for tort alleged to have been done by the intestate in his lifetime, which occasioned the paying of compensation, and has not testified; would it be permissible for the plaintiff to introduce the employee, to witness concerning the tort and its accessory facts?

The stage of the record on which the foregoing question is reserved shows, this: At…