Tate v. Golding

Court of Appeals of North Carolina

Tate v. Golding

159 S.E.2d 276, 1 N.C. App. 38, 1968 N.C. App. LEXIS 1004

CourtCourt of Appeals of North Carolina

DecidedFebruary 21, 1968

Docket67SC19

StatusPublished

Cited by2 cases

This text of 159 S.E.2d 276 (Tate v. Golding) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tate v. Golding, 159 S.E.2d 276, 1 N.C. App. 38, 1968 N.C. App. LEXIS 1004 (N.C. Ct. App. 1968).

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Opinion

Brock, J.

Plaintiff appellant’s assignments of error 1 through. 6 are to the action of the judge in allowing into evidence, over plaintiff’s objections, testimony of statements made by plaintiff to defendant. Plaintiff cites G.S. 8-45.5 in support of her objection. We have carefully considered these. assignments of error and, finding them without merit, they are overruled.

The appellant assigns as error four portions of the charge to the jury on the issue of contributory negligence. The following two portions are illustrative:

“The defendants assert that the plaintiff, herself, in driving a motor vehicle from an unpaved road and into the intersection of Highway Number 52, without keeping a proper lookout and in failing to keep her vehicle under proper control, was in violation of the law.”

# * *

“The defendants contend that a driver of a motor vehicle about to enter a highway protected by stop signs must stop, as directed, looking (sic) both directions and permit all vehicles to pass, which are at such a distance and traveling at such a speed as would be imprudent for him to proceed into the intersection.”

These portions of the charge upon the law are in the form of contentions; in the record before us, there is no additional charge upon the law covered by these stated contentions. G.S. 1-180 imposes upon the trial judge the duty to declare and explain the law arising on the evidence as to all substantial features of the case. A statement of what the parties contend the law to be is not sufficient. Saunders v. Warren, 267 N.C. 735, 149 S.E. 2d 19. The judge must explain and apply the law to the specific facts pertinent to the issue involved. Therrell v. Freeman, 256 N.C. 552, 124 S.E. 2d 522.

For the errors in the charge upon the issue of contributory negligence, a new trial upon all issues is ordered.

New trial.

Mallard, C.J., and Britt, J., concur.

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Brock, J.

Plaintiff appellant’s assignments of error 1 through. 6 are to the action of the judge in allowing into evidence, over plaintiff’s objections, testimony of statements made by plaintiff to defendant. Plaintiff cites G.S. 8-45.5 in support of her objection. We have carefully considered these. assignments of error and, finding them without merit, they are overruled.

The appellant assigns as error four portions of the charge to the jury on the issue of contributory negligence. The following two portions are illustrative:

“The defendants assert that the plaintiff, herself, in driving a motor vehicle from an unpaved road and into the intersection of Highway Number 52, without keeping a proper lookout and in failing to keep her vehicle under proper control, was in violation of the law.”

# * *

“The defendants contend that a driver of a motor vehicle about to enter a highway protected by stop signs must stop, as directed, looking (sic) both directions and permit all vehicles to pass, which are at such a distance and traveling at such a speed as would be imprudent for him to proceed into the intersection.”

These portions of the charge upon the law are in the form of contentions; in the record before us, there is no additional charge upon the law covered by these stated contentions. G.S. 1-180 imposes upon the trial judge the duty to declare and explain the law arising on the evidence as to all substantial features of the case. A statement of what the parties contend the law to be is not sufficient. Saunders v. Warren, 267 N.C. 735, 149 S.E. 2d 19. The judge must explain and apply the law to the specific facts pertinent to the issue involved. Therrell v. Freeman, 256 N.C. 552, 124 S.E. 2d 522.

For the errors in the charge upon the issue of contributory negligence, a new trial upon all issues is ordered.

New trial.

Mallard, C.J., and Britt, J., concur.

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Bluebook (online)

159 S.E.2d 276, 1 N.C. App. 38, 1968 N.C. App. LEXIS 1004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tate-v-golding-ncctapp-1968.

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