Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis calls Bystander to testify that Passenger, who was riding in Peters's automobile and who also was injured, confided to Bystander at the scene of the accident that "we should have had our lights on." Bystander's testimony is
admissible as an admission of a party opponent. admissible as a declaration against interest. inadmissible, because it is hearsay not within any exception.  inadmissible, because it is opinion