Edwards v. Edwards

Appellant challenges, and properly so, the correctness of the charge of the trial court in respect of the second issue submitted to the jury in that the provisions of the pertinent statute, G.S. 1-341, are not observed. This statute declares that “the jury, in assessing the damages, shall estimate against the defendant the clear annual value of the premises during the time he was in possession, exclusive of the use of the improvements made thereon by himself . . .”

*96The charge, as given in the present case, failed to instruct the jury that in making the assessment the use of the improvements…