Coppley v. Carter

CAMPBELL, Judge.

Plaintiff’s first assignment of error is directed to the denial of his motion to strike the testimony of the defendant regarding the reasonableness of the defendant’s speed at the time he was attempting to pass, for that it was not responsive. This assignment of error is without merit as the record shows that the testimony was elicited by the plaintiff during cross-examination and came as a result of argument with the witness by the plaintiff and hence the unresponsiveness. Moreover, there is no showing of prejudice as the jury answered the issue of defendant’s negligence in…