Correll v. Gaskins

Defendant's assignments of error, based on exceptions duly taken, challenge the sufficiency of the court’s instructions relating to the contributory negligence issue.

G.S. 1-180 requires the trial judge, when instructing the jury, to relate and apply the law to the variant factual situations having support in the evidence. Westmoreland v. Gregory, 255 N.C. 172, 177, 120 S.E. 2d 523, and cases cited. This requirement applies to the statutory law as well as to the common law. Pittman v. Swanson, 255 N.C. 681, 685, 122 S.E. 2d 814, and cases cited; Greene v. Harmon, 260 N.C. 344, 132 S.E. 2d 683.…