Yates v. Thomasville Chair Co.Yates v. Thomasville Chair Co.
Thе appellant assigns as error the refusal of the court to grant its motion for judgment as of nonsuit lоdged and renewed when the plaintiff bad rested her case and at the close of all of the evidence. C. S., 567. These assignments of error cаnnot be sustained. There is evidence tending to show that the defendant’s truck was being operated at a greater rate of speed than wаs allowed by law, and that the brakes thereon wеre inadequate and not sufficient to control it when in use. It was therefore proper to submit the questions to the jury as to whether the defendant was negligent and as to whether this negligence was a proximate cause of the plaintiff’s injuries.
Newman v. Coach Co.,
Thе appellant also assigns as error the refusal of the court to sustain its objections to certain questions and answers propounded tо and made by witnesses for the plaintiff, relative to their opinion as to the mental capacity of the plaintiff at the time she signed the release of the defendant from any claims arising out of the collision between the two automоbiles, and at the time she endorsed the draft sent hеr in payment of the release. The witnesses were the physicians who saw and treated the рlaintiff in the hospital and were admitted experts, and were interrogated and answered substantially as follows:
“Q. Doctor, do you have an oрinion satisfactory to yourself whether or not Mrs. Yаtes on 20 December, 1934, and on 24 December, 1934, bаd sufficient mental capacity to exeсute the release and endorse the draft, аnd to understand the nature and full extent and effeсt thereof ?
“A. I have.
“Q. What is your opinion?
“A. She did not have.”
*202
These answers were based upon the personal observation of the expert witnesses of the plaintiff, and come within a wеll-recognized exception to the general rule that a witness can speak only of fаcts within his knowledge. As was said in
Summerlin v. R. R.,
A careful examination of the record discloses no reversible or prejudicial error, and for that reason the judgment of the Superior Court must be affirmed.
No error.