Johnston v. Grand Union Co.

1. I cannot agree with the majority’s statement that “an admission against interest by an employee-agent is admissible . . . only so long as it is not hearsay.” Pursuant to OCGA § 24-3-33, an out-of-court declaration made by an agent “during the existence and in the pursuance of his agency,” is admissible against the principal as an *273exception to the rule against hearsay. In the case before us, the red-haired woman’s purported declaration that “there was something wrong with the door” failed to qualify as an admission by an agent against the principal’s interest within the contemplation of…