*204 instructions to the jury, the trial court submitted as a question of fact to the jury whether Baker was an employe of defendant.
As his first assignment of error defendant contends that the trial court erred in sustaining plaintiff's objections to numerous questions directed to one Frances Kuensting, a witness for defendant, relating to certain proceedings in a claim for compensation pending before the State Industrial Accident Commission of Oregon. The witness, as a stenographic reporter, made a record of those proceedings. Defendant made an offer of proof. From that offer of proof it appears that Jack Gordon Baker was accidentally killed August 22, 1952, as the result of a collision between two motor vehicles, one of which he was driving. A claim for compensation was filed withmade the statement that Baker was an employe of Electric Co. and was not employed by him. However, it was perfectly apparent from his testimony that this statement was based entirely upon his interpretation of the terms of the written contract, and not upon anything else, which led the court itself to make the following inquiry:
"COURT: Was Mr. Baker employed in carrying out this contract marked Plaintiff's Exhibit A-1?
"A Was he working on this contract, you mean?
"Q Yes.
"A Yes, he was."
On his case in chief and as a witness on his own behalf, Redifer was permitted to testify along the same lines covered by the offered testimony of DeFeyter (that given before the accident commission). He gave his own interpretation of the provisions of the contract between himself