Queens & Nassau Delivery Corp. v. Railway Express Agency

Declarations of an agent (defendant’s chauffeur) not made at the time of the act, and which are not spontaneous utterances or exclamations, are not part of the res gestee and their admission in evidence constitutes prejudicial and reversible error.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.