A plaintiff sued a defendant for injuries received in a traffic accident. The defendant charges the plaintiff with contributory negligence and alleges that the plaintiff failed to have his lights on at a time when it was dark enough to require them. The defendant calls a bystander to testify that a passenger, who was riding in the plaintiff's automobile and who also was injured, confided to him at the scene of the accident that "we should have had our lights on." The bystander's testimony is:.

inadmissible because it is hearsay not within any exception.

Explanation:

A plaintiff sued a defendant for injuries received in a traffic accident. The defendant charges the plaintiff with contributory negligence and alleges that the plaintiff failed to have his lights on at a time when it was dark enough to require them. The defendant calls a bystander to testify that a passenger, who was riding in the plaintiff's automobile and who also was injured, confided to him at the scene of the accident that "we should have had our lights on." The bystander's testimony is inadmissible, because it is hearsay, not within any exception. The statement was not made by a party to the litigation, but by a third party. because of this what the passenger says is hearsay

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