HYDER v. ASHEVILLE STORAGE BATTERY COMPANY

No. 21.

89 S.E.2d 124 (1955)

242 N.C. 553

John A. HYDER v. ASHEVILLE STORAGE BATTERY COMPANY, Inc.

Supreme Court of North Carolina.

September 21, 1955.


Attorney(s) appearing for the Case

Arthur J. Redden, L. B. Prince, Hendersonville, for plaintiff appellee.

Meekins, Packer & Roberts, Asheville, for defendant appellant.


DEVIN, Justice.

It is not controverted that there was evidence of negligence on the part of the driver of defendant's truck, but the appellant contends the comments of the trial judge, spoken in the presence and hearing of the jury, with respect to the sufficiency of the evidence to warrant submission of an issue as to plaintiff's contributory negligence, constituted an expression of opinion as to the evidence, prohibited by G.S. § 1-180.

The plaintiff...

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