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POTTS v. HOWSER

No. 439.

161 S.E.2d 737 (1968)

274 N.C. 49

Dr. S. J. POTTS, Plaintiff, v. James E. HOWSER, t/a Howser Boat Company, Defendant, and Jack R. Harris, Additional Defendant.

Supreme Court of North Carolina.

June 14, 1968.

Attorney(s) appearing for the Case

McElwee & Hall by Jerone C. Herring and John E. Hall, North Wilkesboro, for plaintiff appellant.

Smathers & Hufstader by James C. Smathers, Hickory, Larry W. Pitts, Newton, for defendant appellee.

HUSKINS, Justice.

Plaintiff preserves four assignments, to wit: (1) the court erred in failing to instruct the jury concerning plaintiff's right to recover damages for aggravation of a pre-existing physical condition; (2) the court erred in admitting hearsay evidence of a medical report by a doctor not present in court; (3) the court erred in admitting prejudicial evidence which was irrelevant and immaterial, to wit: (a) evidence of plaintiff's bad character, (b)...

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