Johnson Ex Rel. Johnson Ex Rel. Johnson v. Simmons

HEDRICK, Judge.

The plaintiffs bring forth and argue a total of twenty assignments of error which may be grouped into three major contentions.

First, the plaintiffs argue that the court committed prejudicial error by failing to instruct the jury with regard to the doctrine of sudden emergency. The court is required to declare the law and apply the evidence thereto in regard to each substantial and essential feature of the case without any request for special instructions. Rodgers v. Thompson, 256 N.C. 265, 123 S.E. 2d 785 (1962) ; Tharpe v. Brewer, 7 N.C. App. 432, 172 S.E. 2d 919 (1970). The…