Sparks Ex Rel. Sparks v. Phipps

All of plaintiff’s assignments of error, except formal ones, relate to the court’s charge to the jury.

Plaintiff assigns as error that the court failed to instruct the jury in respect to the first issue of negligence as to the legal duties defendants owed plaintiff arising on the evidence given in the case.

Plaintiff relies on what is said in Greene v. Mitchell County Board of Education, 237 N.C. 336, 75 S.E. 2d 129: “We have repeatedly held that the presence of children on or near a highway is a warning signal to a motorist. He must recognize that children have less capacity to shun danger…