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HERRING v. SCOTT

No. 7416SC37.

203 S.E.2d 341 (1974)

21 N.C. App. 78

Jack HERRING v. Shepard SCOTT.

Court of Appeals of North Carolina.

March 6, 1974.

Attorney(s) appearing for the Case

L. J. Britt & Son by L. J. Britt; and McLean, Stacy, Henry & McLean by Dickson McLean, Jr., Lumberton, for plaintiff appellee.

Johnson, Hedgpeth, Biggs Campbell by John Wishart Campbell, Lumberton, for defendant appellant.

CAMPBELL, Judge.

The defendant assigns as error the failure of the trial court to grant a mistrial rather than just striking the speed testimony of the plaintiff's brother. Any error of the trial court was cured by the striking of the evidence and by the judge's instruction that the jury should disregard that testimony. Wands v. Cauble, 270 N.C. 311, 154 S.E.2d 425 (1967); Smith v. Perdue,

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