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ROGERS v. ROGERS

No. 6814DC383.

163 S.E.2d 645 (1968)

2 N.C. App. 668

Dossie ROGERS v. Irvin Neal ROGERS and Irvin Norman Rogers.

Court of Appeals of North Carolina.

October 23, 1968.

Attorney(s) appearing for the Case

Rudolph L. Edwards, Durham, for plaintiff appellee.

Bryant, Lipton, Bryant & Battle, by Alfred S. Bryant, Durham, for defendants appellants.

MALLARD, Chief Judge.

Defendants contend, and we agree, that it was error to permit the officer to testify by reading from his accident report after he stated that he could not tesify thereto of his own knowledge after refreshing his memory and no other proper foundation was made for the admission of the officer's accident report. The officer also testified that the defendant Irvin Norman Rogers did not tell him anything and then was asked by plaintiff's attorney...

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