Foy v. Bremson

MORRIS, Judge.

This case must go back for a new trial on all issues. We do not discuss the error in admission and exclusion of evidence. Nor do we discuss all the errors in the charge because on retrial they may not recur. Although there are other prejudicial errors in the trial, one error in the charge is sufficiently prejudicial to require a new trial.

At the beginning of its charge, the court said “And, as to each issue, I’ll tell you which party has the burden of proof.” Only as to issue 5 — plaintiff’s contributory negligence — did the court do this.

In King v. Bass, 273 N.C. 353, 354, 160…