Nance v. Williams

The principal question presented is whether the pleadings and evidence were sufficient to permit a charge to the jury on the violation of G.S. 20-140, the reckless driving statute.

G.S. 1-180 requires the judge, in charging a petit jury in a civil or criminal action, to declare and explain the law arising on the evidence given in the case. It is error for the court to charge upon an abstract principle of law which is not presented by the allegations and evidence. Motor Freight v. DuBose, 260 N.C. 497, 113 S.E. 2d 129; Carswell v. Lackey, 253 N.C. 387, 117 S.E. 2d 51; Andrews v. Sprott, 249…