Hopkins v. . Colonial Stores, Inc.

The assignments of error set out in appellant’s brief may be most satisfactorily disposed of by discussing them in the order in which they appear.

Assignments of error 1 and 2 assail the testimony of the plaintiff’s witness Dixon, the driver of the plaintiff’s truck, to the effect that Roberts, the driver of defendant’s truck, immediately after the collision walked back to where the plaintiff’s truck had come to rest and replied to a question of Dixon as to what was the matter with him that he (Roberts) “must have been about half sleep.” Whether the reply of Roberts, the agent and employee of…