JOHNSON v. YATES

No. 764SC478.

229 S.E.2d 309 (1976)

Mildred S. JOHNSON, Administratrix of the Estate of Philip Randall Johnson, Deceased v. Lynwood Edward YATES, Jr., and Lynwood Edward Yates, Sr.

Court of Appeals of North Carolina.

November 3, 1976.


Attorney(s) appearing for the Case

Brock & Foy by Donald P. Brock, Trenton, for plaintiff-appellee.

Jeffress, Hodges, Morris & Rochelle, P.A. by Thomas H. Morris, Kinston, for defendants-appellants.


BRITT, Judge.

Defendants assign as error the admission of testimony by Trooper Gregory that in his opinion the speed of the vehicle in question immediately before the accident was "from 70 to 80" m. p. h., this opinion being based on physical evidence found at the scene following the accident. The assignment is sustained.

The rule applicable in the present case is well stated in 1 Stansbury, N.C. Evidence § 131 (Brandis Rev.1973) thusly: "The opinion...

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