Rowe v. Murphy

The appellant’s first assignment of error is based on exceptions to the ruling of the trial judige in sustaining the defendants’ objection to the following question: “At Malpass’ Corner could he have gotten his car completely off the hard surface road?” and allowing defendants’ motion to strike the answer of the plaintiff which was made voluntarily in the affirmative.

There is no evidence in this record that the defendant Morris Johnson knew anything about the condition of the road at Malpass’ Corner or that he knew Malpass’ Comer was nearby. In fact, he testified, “I do not frequently drive…