Campbell v. Campbell

VAUGHN, Judge.

Defendant’s assignments of error directed against the charge are well taken.

Plaintiff alleged and offered evidence tending to show that she left the home because of the indignities heaped upon her person by defendant. It was also necessary for her to satisfy the jury that such acts by her husband were not the result of adequate provocation on her part. The judge’s failure to so instruct the jury constituted prejudicial error and requires a new trial. Howell v. Howell, 223 N.C. 62, 25 S.E. 2d 169; Barker v. Barker, 232 N.C. 495, 61 S.E. 2d 360. The relative fault of the parties…