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COPPLEY v. CARTER

No. 7122SC161.

179 S.E.2d 118 (1971)

10 N.C. App. 512

Robert L. COPPLEY, Administrator of G. F. Coppley, Deceased v. Miles Millard CARTER, Jr.

Court of Appeals of North Carolina.

February 24, 1971.

Attorney(s) appearing for the Case

Stoner, Stoner & Bowers, by Bob Bowers, Lexington, for plaintiff appellant.

Walser, Brinkley, Walser & McGirt, by Charles H. McGirt, Lexington, for defendant appellee.

CAMPBELL, Judge.

Plaintiff's first assignment of error is directed to the denial of his motion to strike the testimony of the defendant regarding the reasonableness of the defendant's speed at the time he was attempting to pass, for that it was not responsive. This assignment of error is without merit as the record shows that the testimony was elicited by the plaintiff during cross examination and came as a result of argument...

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