Cerchio v. Mullins

Rodney, J.,

delivering the opinion of the court:

The first question to be determined is the propriety of the admission of the testimony of the witness, Pippin, relative to the declarations of the son on the way to the hospital shortly after the accident to the effect that he, the son, at the time of the accident was on his way to Marshallton for papers for his father,' the defendant. No objection was made to this testimony when offered. However, such testimony alone is not competent for the purpose of proving the agency of the son for the father. Agency cannot be proved by the declarations or…