Horne ex rel. Horne v. Wall

ARNOLD, Judge.

■ Plaintiffs allege that the trial judge erred in his instructions to the jury by failing to relate and apply the law to the *375plaintiffs’ factual contentions. G.S. 1A-1, Rule 51 requires that the trial judge summarize the material aspects of the evidence sufficient to bring into focus the controlling legal principles. Clay v. Garner, 16 N.C. App. 510, 192 S.E. 2d 672 (1972).

“Rule 51 requires th,e trial judge to perform two positive acts: (1) to declare and explain the law arising on the evidence presented in the case; and (2) to review such evidence to the extent necessary to…