Bullman v. North Carolina State Highway Commission

HEDEICK, Judge.

Defendant assigns as error the admission of testimony of plaintiff Andrew J. Bullman that the driver of the Highway Commission truck, Eobert Greer Johnson, stated after the accident: “I hit you. I was a-coming so fast I couldn’t stop.”

Citing Jones v. Aircraft Co., 251 N.C. 832, 112 S.E. 2d 257 (1960) and Stansbury, N. C. Evidence 2d, § 169, defendant contends the statement of the agent was inadmissible against the principal since it was in regard to a past occurrence not forming part of the res gestae.

Assuming arguendo that the statement made by the driver-employee was not part…