Kaplan v. City of Winston-Salem

HIGGINS, Justice.

The Court of Appeals ordered a new trial on all issues on the assigned ground that the trial court’s instructions permitted the jury to consider the retail value of the damaged merchandise in fixing the amount of damages the plaintiffs were entitled to recover. While the court in the charge recited to the jury the respective contentions and claims of the parties respecting the amount of damages resulting from the defendant’s acts of negligence and thereafter discussed the various claims of damages, the court gave the jury this mandate:

“In the event you have reached this issue…