HARRIS v. DRAPER

No. 739.

63 S.E.2d 209 (1951)

233 N.C. 221

HARRIS v. DRAPER.

Supreme Court of North Carolina.

February 2, 1951.


Attorney(s) appearing for the Case

Victor S. Bryant, Robert I. Lipton and Victor S. Bryant, Jr., all of Durham, for plaintiff-appellant.

Fuller, Reade, Umstead & Fuller, Durham, for defendant-appellee.


STACY, Chief Justice.

The question for decision is whether the trial and judgment can be sustained in the face of the exceptions shown in the record and debated on brief. We are constrained to answer in the negative.

First. Exception to Exclusion of Evidence. The witness, Ervin Green, if allowed to testify, would have said the defendant's car was traveling about 60 miles an hour when it struck the car he was...

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