Lawson v. Benton

Defendant has one assignment of error reading as follows:

“That the Court erred in that the Court failed to declare and explain the law arising on the evidence given in this case as required by G.S. 1-180 in that the Court failed to charge the Jury as to the law arising upon the evidence given in this case as it relates to the defense of contributory negligence in Tort Actions based upon negligence.”

G.S. 1-139 specifies: “In all actions to recover damages by reason of the negligence of the defendant, where contributory negligence is relied upon as a defense, it must be set up in the answer and…