Westbrook ex rel. Westbrook v. Robinson

VAUGHN, Judge.

All of appellant’s assignments of error are directed to the charge of the court. We are inclined to agree that the charge was not free of error.

In our deliberations as to the proper disposition of this appeal, however, we have considered the following principles set out in Freeman v. Preddy, 237 N.C. 734, 76 S.E. 2d 159, a case in which the Supreme Court agreed with the appellant that there was error in the charge.

“But this we need not now decide for technical error alone is not sufficient. New trials are not granted for error and no more. The burden is on the appellant not only…