Payne v. Lowe

Defendants’ first assignment of error relates to the refusal of the trial judge to permit the feme defendant to state her opinion as to the speed of plaintiff’s automobile. The record fails to disclose what her answer would have been if allowed to testify.

The exclusion of testimony cannot be held prejudicial when the record fails to show what the answer of the witness would have been had she been permitted to testify. 1 Strong, N. C. Index 2d, Appeal and Error, § 49. The assignment of error is overruled.

Defendants’ second major assignment of error relates to the charge of the trial judge to…