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MOORE v. LEASEWAY TRANSP. CORP.

65 A.D.2d 697 (1978)

Charlie L. Moore, Appellant, v. Leaseway Transportation Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 9, 1978

Although no offer of proof was allowed at trial it is clear that plaintiff wished to testify about statements made by the deceased driver, Jenkins, concerning his right to take a passenger or helper, ad hoc, with him. The credible evidence at trial was to the contrary, such conduct being expressly interdicted. Patently, these conversations are hearsay, and thus inadmissible unless Jenkins had authority to speak for his employer...

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