Harrison v. McLear

HEDRICK, Judge.

Plaintiffs several assignments of error relate to the issues submitted to the jury, and the instructions given thereon. It is the duty of the trial judge to declare and explain the law arising on the evidence given in the case. G.S. § 1A-1, Rule 51 (a); N.C. Board of Transportation v. Rand, 299 N.C. 476, 263 S.E.2d 565 (1980); Rector v. James, 41 N.C. App. 267, 254 S.E.2d 633 (1979). This means, among other things, that the judge must submit to the jury such issues as when answered by them will resolve all material controversies between the parties, as raised by the pleadings.…