By the Court.

delivering the opinion.

To bind the principal by the admissions of his agent, they *113must be made at the time the thing occurs, or the business is transacted. 1 Greenhaf, sec. 713 and note, and the authorities there cited.*^The conductor is a competent witness in this case, and should have been examined. His sayings, made at a subsequent time, are no part of the res gestm, and were properly excluded by the Court.

Judgment affirmed.