The plaintiff’s first exception is addressed to the ruling of the court sustaining an objection of the defendant to a question propounded to the plaintiff’s witness, Elcoe Covington, by plaintiff’s counsel calling for a description of the condition of the tractor in controversy “about a month after the accident.” This exception cannot be considered on this appeal for the record does not show what evidence this witness would have given if he had been permitted to answer the question. Francis v. Francis, 223 N.C. 401, 26 S.E. 2d 907; Gibson v. Insurance Society, 217 N.C. 564, 9 S.E. 2d 15; In re Will of Redding, 216 N.C. 497, 5 S.E. 2d 544; Hammond v. Williams, 215 N.C. 657, 3 S.E. 2d 437.
The defendant reached the scene of the fatal accident immediately after the tractor overturned, and was permitted to testify as to marks then appearing on the ground at that place. Since the record warrants an inference that these marks existed at the time of the accident, this evidence was properly received. Shaw v. Handle Co., 188 N.C. 222, 124 S.E. 325; Norris v. Mills, 154 N.C. 474, 70 S.E. 912; Blevins v. Cotton Mills, 150 N.C. 493, 64 S.E. 428.
The court rightly sustained the defendant’s objection to the following question put to defendant on cross-examination by plaintiff’s counsel: “How much farm land do you have ?” Evidence of the pecuniary state ■of the defendant is irrelevant and inadmissible in an action for damages for death by wrongful act because the controlling statute does not allow recovery of exemplary or punitive damages in such cases. G.S. 28-174; Collier v. Arrington, 61 N.C. 356; Gray v. Little, 127 N.C. 304, 37 S.E. 270.
The exception to the charge is untenable. The excerpt assigned as error conforms to the law of master and servant as laid down in repeated decisions of this Court. Murray v. R. R., 218 N.C. 392, 11 S.E. 2d 326; *513 Craver v. Cotton Mills, 196 N.C. 330, 145 S.E. 570; Watson v. Tanning Co., 192 N.C. 790, 136 S.E. 117; Lindsey v. Lumber Co., 190 N.C. 844, 130 S.E. 713; Riggs v. Mfg. Co., 190 N.C. 256, 129 S.E. 595; Cable v. Lumber Co., 189 N.C. 840, 128 S.E. 329; Murphy v. Lumber Co., 186 N.C. 746, 120 S.E. 342; Owen v. Lumber Co., 185 N.C. 612, 117 S.E. 705; Tritt v. Lumber Co., 183 N.C. 830, 111 S.E. 872.
When all is said, the trial in the court below resolved itself into a legal battle over sharply contested issues of fact. The jury answered the issue relating to the actionable negligence of the defendant adverse to plaintiff under a charge free from error. Hence, the trial and judgment must be upheld.
No error.