SPINELLA v. PEARCE

No. 7110SC288.

182 S.E.2d 620 (1971)

12 N.C. App. 121

Tyrus Robert SPINELLA v. Wayne Crosby PEARCE and Statesville Flour Mills Co., a North Carolina corporation.

Court of Appeals of North Carolina.

August 4, 1971.


Attorney(s) appearing for the Case

Vaughn S. Winborne, Raleigh, for plaintiff appellant.

Smith, Anderson, Dorsett, Blount & Ragsdale by James D. Blount, Jr., Raleigh, for defendants appellees.


PARKER, Judge.

Appellant has noted ten assignments of error. Numbers 1, 2, 3 and 5 relate to rulings of the court sustaining objections to questions asked of witnesses by plaintiff's counsel. The answers which the witnesses would have given if permitted to answer these questions do not appear in the record. "It is elemental that the exclusion of testimony cannot be held prejudicial on appeal unless the appellant shows what the witness would have testified if permitted...

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