Key v. Merritt-Holland Welding Supplies, Inc.

Since the first (negligence) issue was answered in favor of plaintiffs, errors, if any, in respect of evidence rulings or of portions of the charge pertinent to that issue are harmless. Wooten v. Cagle, 268 N.C. 366, 370, 150 S.E. 2d 738, 740, and cases cited; Watson v. Stallings, 270 N.C. 187, 192, 154 S.E. 2d 308, 311; Anderson v. Office Supplies, 236 N.C. 519, 521, 73 S.E. 2d 141, 142, and cases cited. Decision depends on whether there was prejudicial error in the court’s instructions with reference to the second (contributory negligence) issue.

G.S. 1-180 provides that “the judge shall…