Watson Ex Rel. Watson v. Stallings

Whether the evidence was sufficient to warrant the submission of the first issue and the jury’s finding in favor of plaintiff thereon is not presented. The judgment from which plaintiff appeals is based on the jury’s answer to the contributory negligence issue.

Prior to trial, plaintiff examined defendant adversely as provided in G.S. Chapter 1, Article 46. At trial, defendant did not testify. He offered in evidence the record of his testimony at said adverse examination. Plaintiff’s objection thereto was overruled and he excepted. Assignment of Error No. 2, based on this exception, is without…