American Credit Co. of Winston-Salem, Inc. v. Brown

Court of Appeals of North Carolina

American Credit Co. of Winston-Salem, Inc. v. Brown

178 S.E.2d 649, 10 N.C. App. 382, 1971 N.C. App. LEXIS 1640

Court of Appeals of North Carolina·Decided February 3, 1971·No. 7121DC11·Published·Cited by 3 cases

Opinion

PARKER, Judge.

In charging the jury the trial judge did not at any time “declare and explain the law arising on the evidence given in the case.”.This he was required to do. G.S. 1A-1, Rule 51(a); 7 Strong, N.C. Index 2d, Trial, § 33, p. 324, et seq. The jury was given no guidance as to what facts, if found by them to be true, would justify them in answering the sole issue submitted to them either in the affirmative or the negative. For failure of the trial judge to comply with the mandate of Rule 51(a), plaintiff is entitled to a

New trial.

Chief Judge Mallard and Judge Graham concur.

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PARKER, Judge.

In charging the jury the trial judge did not at any time “declare and explain the law arising on the evidence given in the case.”.This he was required to do. G.S. 1A-1, Rule 51(a); 7 Strong, N.C. Index 2d, Trial, § 33, p. 324, et seq. The jury was given no guidance as to what facts, if found by them to be true, would justify them in answering the sole issue submitted to them either in the affirmative or the negative. For failure of the trial judge to comply with the mandate of Rule 51(a), plaintiff is entitled to a

New trial.

Chief Judge Mallard and Judge Graham concur.

American Credit Co. of Winston-Salem, Inc. v. Brown, 178 S.E.2d 649, 10 N.C. App. 382, 1971 N.C. App. LEXIS 1640 (N.C. Ct. App. 1971).

Pincite

178 S.E.2d 649 (American Credit Co. of Winston-Salem, Inc. v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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