Phifer v. Carolina Central Railway Co.

Citations

• 29 S.E. 578
• 122 N.C. 940
• 1898 N.C. LEXIS 373

Syllabus

<p>Action for Damages — Contributory Negligence — Evidence — Expert Testimony— Opinion — Evidence.</p> <p>1. In the trial of an action for damages for injuries caused by the alleged negligence of the defendant and in which contributory negligence was relied upon as a defence, it was error to permit the plaintiff to testify that he was “careful” at the time of the accident; that being a mere opinion of the witness on a matter which was a question for the jury to determine from the manner in which the plaintiff conducted himself at the time of the injury.</p> <p>2. The fact that incompetent testimony has been drawn from a witness on cross-examination, without objection, does not make the same testimony competent on re-examination of the witness.</p>