Richardson Ex Rel. Richardson v. Grayson

Supreme Court of North Carolina

Richardson Ex Rel. Richardson v. Grayson

113 S.E.2d 922, 252 N.C. 476, 1960 N.C. LEXIS 585

CourtSupreme Court of North Carolina

DecidedMay 4, 1960

Docket395

StatusPublished

Cited by4 cases

This text of 113 S.E.2d 922 (Richardson Ex Rel. Richardson v. Grayson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Richardson Ex Rel. Richardson v. Grayson, 113 S.E.2d 922, 252 N.C. 476, 1960 N.C. LEXIS 585 (N.C. 1960).

Pincite

Opinion

WinboRNE, C. J.

Of the many assignments of error, based upon exceptions to matters occurring in the course of the trial, and in the charge of the court to the jury, plaintiff groups, in his brief, and assigns as error several portions of the charge as to proximate cause on the first issue. Throughout the charge on this issue the court placed upon the plaintiff the burden of showing that defendant’s negligence was the proximate cause of plaintiff’s injury. This constitutes prejudicial error within the rulings in Price v. Gray, 246 N.C. 162, 97 S.E. 2d 844, and Pugh v. Smith, 247 N.C. 264, 100 S.E. 2d *477 503. Hence on authority of the the holding of the opinions of this Court in these two cases, there must be a new trial.

Therefore it is deemed unnecessary to expressly consider other assignments of error. They may not recur upon another trial.

For error pointed out, let there be a New trial.

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WinboRNE, C. J.

Of the many assignments of error, based upon exceptions to matters occurring in the course of the trial, and in the charge of the court to the jury, plaintiff groups, in his brief, and assigns as error several portions of the charge as to proximate cause on the first issue. Throughout the charge on this issue the court placed upon the plaintiff the burden of showing that defendant’s negligence was the proximate cause of plaintiff’s injury. This constitutes prejudicial error within the rulings in Price v. Gray, 246 N.C. 162, 97 S.E. 2d 844, and Pugh v. Smith, 247 N.C. 264, 100 S.E. 2d *477 503. Hence on authority of the the holding of the opinions of this Court in these two cases, there must be a new trial.

Therefore it is deemed unnecessary to expressly consider other assignments of error. They may not recur upon another trial.

For error pointed out, let there be a New trial.

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Bluebook (online)

113 S.E.2d 922, 252 N.C. 476, 1960 N.C. LEXIS 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-ex-rel-richardson-v-grayson-nc-1960.

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