No. 165.

109 S.E.2d 474 (1959)

250 N.C. 627

John Jacob ROWE v. Roosevelt MURPHY, Morris Johnson and Sanford W. Johnson.

Supreme Court of North Carolina.

July 2, 1959.

Attorney(s) appearing for the Case

Isaac C. Wright, Wilmington, and Corbett & Fisler, Burgaw, for plaintiff, appellant.

Poisson, Campbell & Marshall and L. J. Poisson, Jr., Burgaw, for defendants Johnson, appellees.

DENNY, Justice.

The appellant's first assignment of error is based on exceptions to the ruling of the trial judge in sustaining the defendants' objection to the following question: "At Malpass' Corner could he have gotten his car completely off the hard surface road?" and allowing defendants' motion to strike the answer of the plaintiff which was made voluntarily in the affirmative.

There is no evidence in this record that the defendant Morris Johnson knew...


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