Wilson v. Mars, Inc. Et Al., 121 Ga. App. 790, 175 S.E.2d 924 (1970)
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Lokey & Bowden, Glenn Frick, for appellees.J. E. Wilson, pro se.
There was evidence that the plaintiff ate an egg, bacon and toast at approximately 8 a.m. and at approximately 12 noon he had a hot dog and coke; between 2 and 2:30 p.m. he ate the chocolate creme-filled pastry. The plaintiff testified that: "I couldn't taste this thing and tell anything was wrong with it. If I had, of course, I wouldn't have eaten it." The plaintiff further testified that at approximately 4 p.m. he became ill. Held:
1. The plaintiff contends that the trial judge erred in refusing to allow him to testify as to what one of the defendant's former employees had told him in regard to the procedures followed by the defendant corporation in stocking its shelves. The plaintiff argues that the evidence should have been admitted because the witness who gave him the information had been subpoenaed but was not available.
While there are certain exceptions to the hearsay rule because of necessity, such are not the circumstances of the case sub judice. See Chrysler Motors Corp. v. Davis, 226 Ga. 221 (173 SE2d 691).
The evidence was hearsay and its exclusion was not error.
2. While there was medical evidence that the plaintiff had suffered from food poisoning on the day in question, there was no evidence that the pastry eaten was unwholesome or deleterious.
In Armour & Co. v. Gulley,
The direction of the verdict was not error.
1970
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