Broadnax v. Deloatch

VAUGHN, Judge.

Plaintiff contends that the charge of the court was erroneous in two respects: (1) the judge restricted the jury findings to those matters specifically alleged in the complaint rather than charging on those issues arising from the evidence and (2) the judge failed to apply the law to the evidence in compliance with G.S. 1A-1, Rule 51.

Rule 51 requires that the judge “shall declare and explain the law arising on the evidence given in the case.” Plaintiff’s evidence tends to show that the defendant’s car left the road and struck his intestate’s parked car, thereby killing his…