Keener v. Litsinger

CAMPBELL, Judge.

Plaintiff’s first assignment of error is directed at the failure of the trial judge to define proximate cause in his charge to the jury. This is a valid assignment of error. Although the trial judge referred to proximate cause several times in the charge, nowhere in the charge do we find a proper definition of proximate cause. The closest that the court came to attempting a definition of proximate cause was when the court stated:

“Negligence without proximate cause the defendant is not liable, but negligence must be coupled with proximate cause, the cause without which the…