Brown v. . Lipe

185 S.E. 681, 210 N.C. 199, 1936 N.C. LEXIS 55

Opinion

Per Curiam.

The charge of the judge of the municipal court as to the measure of damages in a case of wrongful death was erroneous under the rule laid down in Poe v. R. R., 141 N. C., 525, wherein Walker, J., clearly drew the distinction between income and annuity, and it was held for error to permit the jury to consider the annuity tables set out in C. S., 1791, as was done in the instant case. Ward v. R. R., 161 N. C., 179; Corner v. Winston-Salem, 178 N. C., 383.

The plaintiff, however, contends that even if the charge of the trial court on the issue of damages was properly held to be erroneous, the new trial should have been restricted to that issue. While this course is frequently pursued by appellate courts, when the error is confined to one issue, it has been repeatedly held and now firmly established with us that it is a matter of discretion. Lumber Co. v. Branch, 158 N. C., 251; Huffman v. Ingold, 181 N. C., 426; Whedbee v. Ruffin, 191 N. C., 257.

The judgment of the court below remanding the case to the municipal court of the city of High Point for a new trial is

Affirmed.