Martin v. P. H. Hanes Knitting Co.

The first exception relates to the manner in which the' physician had treated the intestate’s injured knee; but the issues concerning the physician’s alleged negligence were not considered or answered. The remainder of the witness’ answer, if not competent as a dying declaration under C. S., 160, was not responsive to the question, and no motion was made to strike it out. Dellinger v. Building Co., 187 N. C., 845. Moreover, a part of the evidence was unobjectionable, and it has often been held that a general exception will not be entertained unless all the evidence is incompetent. Smiley v.…