Crisp v. State Farm Mutual Automobile Insurance Co.

The judge instructed the jury as follows: “. . . (T)he court charges you .. . that if you believe all of the evidence in this case and find the facts to be as the evidence tends to show, that you would answer the issue NO.” The jury did answer the issue “No.”

In the first place, the instruction is insufficient in form. When a peremptory instruction is permissible, the court must leave it to the jurv to determine the credibility of the testimony. Reynolds v. Earley, 241 N.C. 521, 85 S.E. 2d 904; Shelby v. Lackey, 236 N.C. 369, 72 S.E. 2d 757. Where the peremptory instruction is favorable to the…