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BROWN v. WHITLEY

No. 7119SC540.

183 S.E.2d 258 (1971)

12 N.C. App. 306

B. Walton BROWN, Administrator of the Estate of Ruth Ann France v. Colon Louie WHITLEY and Pugh Oil Company, Inc.

Court of Appeals of North Carolina.

September 15, 1971.

Attorney(s) appearing for the Case

Smith & Casper by Archie L. Smith, Asheboro, for plaintiff appellee.

Moser & Moser by Thad T. Moser, Asheboro, and Perry C. Henson and Daniel W. Donahue, Greensboro, for defendants appellants.

BRITT, Judge.

In their first assignment of error defendants contend the court erred in excluding the testimony of defendant Whitley concerning the collision on the ground that said testimony violated G.S. § 8-51, commonly referred to as the dead man's statute. The portion of the statute pertinent to this case provides that "(u)pon the trial of an action * * * a party or a person interested in the event * * * shall not

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