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HOLT v. CITY OF STATESVILLE

No. 7722SC272.

241 S.E.2d 362 (1978)

35 N.C. App. 381

Patsy R. HOLT, Administratrix of the Estate of William F. Millsaps, Deceased v. CITY OF STATESVILLE and REA Construction Company.

Court of Appeals of North Carolina.

February 21, 1978.

Attorney(s) appearing for the Case

Jay F. Frank, Statesville, for plaintiff-appellant.

Pope, McMillan & Bender by Harold J. Bender and Charles C. Green, Jr., Statesville, for defendant-appellee, City of Statesville.

Moore & Willardson by Larry S. Moore and John S. Willardson, North Wilkesboro, for defendant-appellee, Rea Const. Co.

ARNOLD, Judge.

By her assignments of error plaintiff contends that the court erred in the following instances:

(1) By allowing the investigating officer to testify that he detected an odor of alcohol on the deceased and that he found a beer bottle next to the vehicle;

(2) By refusing to allow her to testify that while deceased was in hospital he told her that he loved her;

(3) By refusing to allow her testimony that the deceased was in pain...

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