Harris v. Draper

Tbe question for decision is whether tbe trial and judgment can be sustained in tbe face of tbe exceptions shown in the record and debated on brief. We are constrained to answer in tbe negative.

First. Exception to Exclusion of Evidence: Tte witness, Ervin Green, if allowed to testify, would bave said the defendant’s car was traveling about 60 miles an bour when it struck the car be was driving. This proffered testimony was competent, its weight and credibility, of course, being for the jury. Hicks v. Love, 201 N.C. 773, 161 S.E. 394; Jones v. Bagwell, 207 N.C. 378, 177 S.E. 170; Tyndall v.…