Watson v. City of Durham

Tbe trial judge properly submitted the cause to the jury. He stated and arrayed the contentions of the parties with clearness and impartiality and correctly stated the principles of law applicable to the various phases of the evidence.

The defendant offered one of the guards as a witness, who was present at the time of the injury, and was asked what was the condition of the hammer plaintiff was using. He replied: “I would say it was in good condition.”

The plaintiff insists that the evidence was incompetent and should have been excluded by application of the rule heretofore announced in…