Bass Ex Rel. Bass v. Hocutt

Defendants upon trial below, in apt time, requested the court to charge the jury as follows: “1. If you find as facts from the evidence, and by its greater weight, that as the defendant, Mrs. Hocutt, approached the intersection of Enderly Road and Tuckaseegee Road, the plaintiff suddenly ran out into Tuckaseegee Road immediately behind an automobile passing in the opposite direction, and that this action on the part of the plaintiff was the sole proximate cause of his injury, you should answer the first issue, No.’ ”

We are of opinion that exception to the refusal to so charge is well taken.…