Redman v. Nance

CLARK, Judge.

The sole question presented by this appeal is whether the trial court erred in submitting the issue of contributory negligence to the jury.

The failure of plaintiff to except to the statement of the trial judge, when made, that out of “an abundance of precaution” he was submitting the contributory negligence issue to the jury, did not constitute a waiver. Carruthers v. R.R., 215 N.C. 675, 2 S.E. 2d 878 (1939). Exceptions to the charge may be noted after trial and included in the appellant’s record on appeal. Corns v. Nickelston, 257 N.C. 277, 125 S.E. 2d 588 (1962); Bank v. Barry,…