PAYNE v. LOWE

No. 6823SC354.

163 S.E.2d 74 (1968)

2 N.C. App. 369

William Roger PAYNE v. Matilda Lee LOWE and Roy James Lowe.

Court of Appeals of North Carolina.

September 18, 1968.


Attorney(s) appearing for the Case

Whicker, Whicker & Vannoy, by J. Gary Vannoy, North Wilkesboro, for plaintiff appellee.

Hayes & Hayes, by Kyle Hayes, North Wilkesboro, and Ferree & Brewer, by Max Ferree, Wilkesboro, for defendant appellants.


BRITT, Judge.

Defendants' first assignment of error relates to the refusal of the trial judge to permit the feme defendant to state her opinion as to the speed of plaintiff's automobile. The record fails to disclose what her answer would have been if allowed to testify.

The exclusion of testimony cannot be held prejudicial when the record fails to show what the answer of the witness would have been had she been permitted to testify. 1 Strong, N.C. Index 2d...

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