Bell v. Washam

(After stating the foregoing facts.) Special ground 1 complains because of the admission in evidence of the following testimony of the plaintiff by interrogatories over the objection that it was an attempt to prove agency by the statement of the purported agent, the truck driver, to a third person and that it was hearsay: “I heard the driver of the truck tell the police officer who was investigating the accident that he was driving the truck for Alton Bell, who owned it.” Apparently this testimony was for the purpose of establishing that the driver of the truck was the servant or agent of the…