Hurley v. Miller

EAGLES, Judge.

Plaintiffs bring forward two assignments of error. Plaintiffs assign error to the trial court’s instructions regarding defendant’s negligence and decedent’s contributory negligence and assign error to the trial court’s refusal to charge the jury on the issue of last clear chance as requested by plaintiffs pursuant to G.S. 1A-1, Rule 51(b). After a careful consideration of the briefs, record, and transcript, we: (1) find no error as to the trial court’s instructions on the issues of negligence and contributory negligence, and; (2) remand for a new trial based on the trial court’s…