Lail Ex Rel. Lail v. Woods

VAUGHN, Judge.

Plaintiff assigns as error the court’s refusal to submit issues of negligence and contributory negligence to the jury either instead of or in addition to the issues of assault and battery. The complaint had been drafted on the theory of negligence, and plaintiff contends that the evidence raised the question of negligence. The court should properly charge the jury on all theories of recovery supported by evidence. Morris Speizman Co. v. Williamson, 12 N.C. App. 297, 183 S.E. 2d 248 (1971); cert. den., 279 N.C. 619, 184 S.E. 2d 113. The evidence in this case shows that all the…