Koutsis v. Waddel

HEDRICK, Judge.

By his single assignment of error the defendant contends that the court failed to declare and explain the law arising on the evidence with respect to the issue of damages as required by G.S. 1A-1, Rule 51(a), and the defendant asserts that the court should have instructed the jury:

“(a) . . . that if they believe that plaintiff’s back injury, . . . was sustained when he lifted the pot on February 10, and was not an aggravation of a pre-existing injury sustained in the accident, then they should not consider any back injury found by Dr. Israel in arriving at the amount of the…