Petroleum Carrier Corporation v. Snyder

I cannot agree with the view of the majority that Osborne’s testimony was admissible, nor with their view that it was not prejudicial and reversible error to charge on and read to the jury the Georgia Hit and Run Statute.

As to Osborne’s testimony, it seems clear to me that, though not true hearsay because “not an unsworn statement”1 but the sworn testimony of Osborne, his testimony was res inter alios acta, offered for the purpose of bolstering plaintiff’s testimony, and it, therefore, constitutes a self serving verbal act or occurrence transpiring out of the presence of the defendant and…