Tharpe Ex Rel. Tharpe v. Newman

Apart from plaintiff’s proffered testimony, the evidence is deemed insufficient to support a finding that Robert Newman was driving the car when the wreck occurred. Whether the judgment of nonsuit should be affirmed depends upon whether the excluded testimony of plaintiff was competent.

The court, based on G.S. 8-51 and our decisions in Boyd v. Williams, 207 N.C. 30, 175 S.E. 832, and Davis v. Pearson, 220 N.C. 163, 16 S.E. 2d 655, held plaintiff’s testimony would be incompetent if offered in an action by plaintiff against the personal representative of Robert Newman to recover damages for the…