BRADY v. SMITH

No. 7315DC63.

196 S.E.2d 580 (1973)

18 N.C. App. 293

William Clinton BRADY v. Harold P. SMITH.

Court of Appeals of North Carolina.

May 23, 1973.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff-appellant and appellee.

Perry C. Henson, and Daniel W. Donahue, Greensboro, for defendant-appellant and appellee.


MORRIS, Judge.

Defendant's assignments of error on appeal primarily relate to the judge's charge to the jury. Among those assignments of error is defendant's contention that the judge failed properly to explain the law arising upon the evidence as required by G.S. § 1A-1, Rule 51. We feel that defendant's exception is well taken.

An examination of the record reveals that the trial judge defined burden of proof, negligence, and proximate cause in general...

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