Redding v. F. W. Woolworth Co.

VAUGHN, Judge.

The only assignments of error brought forward by defendant are directed to the charge of the court. The thrust of defendant’s argument is that the court failed to declare and explain the law arising on the evidence given in the case as required by Rule 51 (a) of the North Carolina Rules of Civil Procedure. A reading of the charge discloses that the trial judge generally defined the terms “burden of proof,” “greater weight of the evidence,” “negligence,” “due care,” and “proximate cause.” He did not attempt to recapitulate the evidence except in a brief statement of the…