Digsby v. Gregory

PARKER, Judge.

Although not a final judgment, the court’s order is appealable because it grants a new trial as to damages. G.S. l-277(a); G.S. 7A-27(d).

Defendant appellant first contends that the court erred in failing to instruct the jury that the plaintiffs were guilty of contributory negligence as a matter of law in that their own evidence establishes that they violated the provisions of G.S. 20-161(a) and (b). The error, if any, was-harmless, since the jury answered the issue of contributory negligence in defendant’s favor. “Appellant may not complain of alleged error in respect to an…