NANCE v. WILLIAMS

No. 6817SC323.

163 S.E.2d 47 (1968)

2 N.C. App. 345

Minnie Bell NANCE, Executrix of the Estate of Frank Mebane Nance, Deceased v. James David WILLIAMS and James Milton Williams.

Court of Appeals of North Carolina.

September 18, 1968.


Attorney(s) appearing for the Case

Price, Osborne & Johnson, Leaksville, and Gwyn & Gwyn, by Julius J. Gwyn, Reidsville, for plaintiff appellee.

Jordan, Wright, Nichols, Caffrey & Hill, by Karl N. Hill, Jr., Greensboro, for defendants appellants.


BRITT, Judge.

The principal question presented is whether the pleadings and evidence were sufficient to permit a charge to the jury on the violation of G.S. § 20-140, the reckless driving statute.

G.S. § 1-180 requires the judge, in charging a petit jury in a civil or criminal action, to declare and explain the law arising on the evidence given in the case. It is error for the court to charge upon an abstract principle of law which is not presented...

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