Bryant v. Russell

PER Cukiam.

In Ingram v. McCuiston, 261 N.C. 392, 134 S.E. 2d 706, this Court said: “To be competent, a hypothetical question may include only facts which are already in evidence or those which the jury might logically infer therefrom.” See also: Jackson v. Stancil, 253 N.C. 291, 303, 116 S.E. 2d 817; Stansbury, North Carolina Evidence, § 137. The hypothetical question propounded to Dr. Bag-gett included facts as to which there was no evidence then in the record. Consequently, the objection was properly sustained. It was also proper to deny the motion that his answer, put into the record in…