Hawkins Ex Rel. Hawkins v. Simpson

G.S. 1-180 provides that the trial judge “shall declare and explain the law arising on the evidence given in the case.” The appellant, by exceptions and assignments of error based thereon, points out specifically wherein he contends the court in the trial below failed to instruct the jury on the substantial features of the case.

An examination of the charge discloses that the trial court defined actionable negligence and proximate cause in general terms and then proceeded to give the contentions of the parties, instruct the jury as to the burden of proof and as to the measure of damages should…