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JERNIGAN v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 706SC431.

175 S.E.2d 701 (1970)

Cecil D. JERNIGAN, Jr. v. ATLANTIC COAST LINE RAILROAD COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1970.

Attorney(s) appearing for the Case

Allsbrook, Benton, Knott, Allsbrook & Cranford, by Julian R. Allsbrook and Richard B. Allsbrook, Roanoke Rapids, for plaintiff.

Spruill, Trotter & Lane, by Charles T. Lane and John R. Jolly, Jr., Rocky Mount, for defendant.

BROCK, Judge.

DEFENDANT'S APPEAL

Defendant assigns as error the exclusion of the testimony of the witness Charles Carr relating to how far away the witness could see defendant's tracks at night. The witness' testimony was very indefinite and clearly amounted to no more than a guess; he clearly stated he did not know whether he saw the tracks or not. We think the testimony was properly excluded.

Defendant assigns as error that the trial judge allowed...

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