Brown v. . Lipe

The charge of the judge of the municipal court as to the measure of damages in a case of wrongful death was erroneous under the rule laid down in Poe v. R. R., 141 N. C., 525, wherein Walker, J., clearly drew the distinction between income and annuity, and it was held for error to permit the jury to consider the annuity tables set out in C. S., 1791, as was done in the instant case. Ward v. R. R., 161 N. C., 179; Corner v. Winston-Salem, 178 N. C., 383.

The plaintiff, however, contends that even if the charge of the trial court on the issue of damages was properly held to be erroneous, the new…