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FOY v. BREMSON

No. 737SC729.

201 S.E.2d 708 (1974)

20 N.C. App. 440

Barbara Jean FOY v. Thomas Edward BREMSON et al.

Court of Appeals of North Carolina.

Certiorari Allowed March 5, 1974.

Attorney(s) appearing for the Case

Narron, Holdford, Babb & Harrison by William H. Holdford, Wilson, for plaintiff appellant.

Battle, Winslow, Scott & Wiley, P.A. by Robert L. Spencer, Rocky Mount, for Godwin and Bissette, appellants.

Teague, Johnson, Patterson, Dilthey & Clay by Robert M. Clay and Dan M. Hartzog, Raleigh, for defendant appellee Bremson.

Certiorari Allowed by Supreme Court March 5, 1974.

MORRIS, Judge.

This case must go back for a new trial on all issues. We do not discuss the error in admission and exclusion of evidence. Nor do we discuss all the errors in the charge because on retrial they may not recur. Although there are other prejudicial errors in the trial, one error in the charge is sufficiently prejudicial to require a new trial.

At the beginning of its charge, the court said...

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