FAISON v. CRIBB

No. 597.

85 S.E.2d 139 (1954)

241 N.C. 303

James H. FAISON, Sr., v. John Wesley CRIBB and Robert Batts.

Supreme Court of North Carolina.

December 15, 1954.


Attorney(s) appearing for the Case

McClelland & Burney and Lonnie B. Williams, Wilmington, for appellant.

Yow and Yow, W. P. Burkhimer, Wilmington, for appellee.


JOHNSON, Justice.

On the issue of damages the court charged that the plaintiff was entitled to recover in one lump sum for all injuries, past, present, and prospective, without instructing the jury that the amount awarded should be based upon the present cash value or present worth of the future losses.

The charge as given is similar to that in Lamont v. Highsmith Hospital, 206 N.C. 111, 173 S.E. 46. In that case this Court in awarding a new trial said: "This...

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