Francis v. Brickhouse

WEBB, Judge.

We note at the outset that the testimony of Adrian Britton Phelps as to what the defendant’s fiance told her is hearsay and should have been excluded. It was not admissible as a spontaneous utterance. See 1 Stansbury’s N.C. Evidence § 164, p. 554 et seq. (Brandis rev. 1973). In determining whether the defendant’s motion for a directed verdict was properly allowed, we must consider this evidence although it was erroneously admitted. Beal v. Supply Co., 36 N.C. App. 505, 244 S.E. 2d 463 (1978). We hold that considering the evidence in the most favorable light to the plaintiff, the…