Richardson Ex Rel. Richardson v. Grayson

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

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 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.