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SHORT v. SHORT

No. 7729SC475.

243 S.E.2d 432 (1978)

Joyce McCurry SHORT, by her Guardian ad Litem, Ronnie Short, Plaintiff, v. Rodney Errol SHORT, Defendant. Warren McCURRY by his Guardian ad Litem, Hazel McCurry, Plaintiff, v. Rodney Errol SHORT, Defendant.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherford town, for plaintiffs-appellants.

Van Winkle, Buck, Wall, Starnes, Hyde & Davis by Howard L. Gum, Asheville, for defendant-appellee.

ERWIN, Judge.

The dispositive assignment of error in this case is that the trial court erred in allowing the investigating officer, who arrived at the scene sometime after the accident occurred, to testify as follows:

"Q. Based on his (defendant's) statement to you and your own observations there at the scene, did you have any reason to believe he (defendant) was going over 55? MR. HAMRICK: Objection. THE COURT: Overruled. MR...

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