Johnson v. McLain Investment Co.

Citations

• 79 Kan. 423
• 100 P. 52
• 1909 Kan. LEXIS 209

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence—Setting Out a Fire—Admissions by an Agent— Spontaneous Exclamations—Hearsay. A bam was destroyed, by a fire which originated the day before on a neighboring ranch, whose manager with others discovered' the danger while the fire was at some distance and vainly endeavored to save the building. In an action by the owner of the barn against the owner of the ranch, testimony that while the barn was burning the manager said that he had himself sfet out the fire was not competent evidence that he had in fact done so. The declaration of the manager was not rendered competent by reason of his being the defendant’s agent, for it was a mere narration of a past transaction, not relating to, explaining or characterizing any act in which he was then engaged; and the circumstances do not indicate that it was such a spontaneous exclamation made under the stress of nervpus excitement that its truth could be presumed without being sworn to.</p>