Edmunds v. Curtis

The principal error assigned and argued in this court relates to the admission in evidence of certain declarations made by an agent. These declarations *606are material, and if erroneously received the judgment must be reversed. We shall assume that the evidence establishes an agency, though the matter is not entirely free from doubt.

Plaintiff in error, who was defendant below, hired from Curtis a team and wagon, to be used in transporting lumber from Leadville to a neighboring town. One Thompson was employed by her to drive the team. On the return trip the horses ran away, injuring themselves,…