Goz v. Tenney

Citations

• 104 Ohio St. (N.S.) 500

Syllabus

<p>Evidence — Competency-—Statement to liability insurance company — Concerning automobile collision — Proof of ownership and control — Declarations against interest — Negligence.</p> <p>In a suit for personal injuries brought by a guest of the owner and driver of a carriage against the owner of a motor truck being driven by another in the absence of the owner, which suit was based upon the truck’s collision with the carriage, the defendant denying the ownership of the truck, the agency of the driver, and that the driver was then and there . engaged in the master’s business, the defendant was called as a witness by the plaintiff for cross-examination, and was asked as to a statement, oral or written, he personally made to an insurance company touching the collision by the truck then driven by his employe in and about his business: Held: That such evidence is relevant and competent upon said issues, upon the ground that such statement to the insurance company was a declaration against interest.</p>