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THARPE v. NEWMAN

No. 392.

125 S.E.2d 315 (1962)

257 N.C. 71

Billy Joe THARPE, by and through his Next Friend, Clero Tharpe, v. Pauline D. NEWMAN.

Supreme Court of North Carolina.

May 2, 1962.

Attorney(s) appearing for the Case

McElwee & Hall, North Wilkesboro, and Richard A. Vestal, for plaintiff appellant.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, W. F. Maready, Winston-Salem, and Allen, Henderson & Williams, Elkin, for defendant appellee.

BOBBITT, Justice.

Apart from plaintiff's proffered testimony, the evidence is deemed insufficient to support a finding that Robert Newman was driving the car when the wreck occurred. Whether the judgment of nonsuit should be affirmed depends upon whether the excluded testimony of plaintiff was competent.

The court, based on G.S. § 8-51 and our decisions in Boyd v. Williams, 207 N.C. 30, 175 S.E. 832, and Davis v. Pearson, 220 N.C. 163, 16 S.E.2d 655,...

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