Evans v. Batchelor

1. Enumeration of error No. 1 shows reversible error by the trial court. He excluded from evidence testimony by plaintiff that defendant stated to her after the collision: "Í am sorry this happened. I have insurance. I don’t want you to worry about it. It will take care of everything. I didn’t see you.” (T. 4). This testimony was not offered as a part of the res gestae but as an admission by the defendant against interest. The statement was made one or two days after the injuries had occurred.

An admission against interest is admissible and need not be a part of the res gestae. The jury was…