Jordan v. . Hatch

152 S.E. 493, 198 N.C. 539, 1930 N.C. LEXIS 401

• Court: Supreme Court of North Carolina
• Decided: March 26, 1930
• Status: Published

Opinion

Per Curiam.

The only assignments of error on this appeal are based upon plaintiff’s exceptions with respect to the charge of the court to the jury. These assignments of error cannot be sustained.

Plaintiff’s prayers for instructions to which she was entitled were given substantially, although not literally, in the charge. This was sufficient, as-has been generally held by this Court. Lloyd v. Bowen, 170 N. C., 216, 86 S. E., 797, and cases cited in the opinion of Walker, J. It was not error to refuse to charge the jury, as requested by plaintiff, that upon all the evidence they should answer the first issue, Yes. The evidence with respect to this issue was conflicting, and was therefore properly submitted to the jury, both upon the question of defendant’s negligence, and upon the question of sole, proximate cause of the injuries sustained by plaintiff. Earwood v. R. R., 192 N. C., 27, 133 S. E., 180. Neither the allegations in the pleadings, nor the contentions of the parties called for an instruction as to concurrent negligence. White v. Realty Co., 182 N. C., 536, 109 S. E., 564.

We find no error on this appeal for which the judgment should be reversed.

No error.