Jackson ex rel. Downing v. Jones

The plaintiff assigns as error the charge of the trial court in four particulars.

One, the plaintiff asserts that the trial judge committed error by charging the jury that, “(t)he law does not require prevision of a person.” The plaintiff states that “prevision is synonymous with foreseeability, which is an essential element of proximate cause.” Another meaning of “prevision” is “prescience”; and when this portion of the charge is read in context, it is obvious that the court used “prevision” in the sense of “omniscience” which is not required of a person. Clark v. Scheld, 253 N.C. 732, 117…