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PUGH v. SMITH

No. 398.

100 S.E.2d 503 (1957)

247 N.C. 264

John D. PUGH v. Herman Leo SMITH.

Supreme Court of North Carolina.

November 27, 1957.

Attorney(s) appearing for the Case

Fred M. Parrish, Jr., McKeithen, Graves, & Robinson, Winston-Salem, by Norwood Robinson, Winston-Salem, for plaintiffappellant.

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, by Ralph M. Stockton, Jr., Winston-Salem, for defendant-appellee.

HIGGINS, Justice.

Throughout the charge the court instructed the jury that in order to prevail on the first issue (defendant's negligence) the plaintiff must establish by the greater weight of the evidence that the defendant was negligent and that his negligence was the proximate cause of the plaintiff's injury. The charge placed too great a burden upon the plaintiff. A similar error is treated at length in the case of Price v. Gray, 246 N.C...

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