Ashley v. Ashley

MARTIN, Judge.

*47Plaintiff contends in his second assignment of error that the trial court erred in its instructions to the jury by making, a statement of fact not in evidence. Specifically, while setting forth the contentions of the parties, the trial court summarized the contentions of the defendant as to the plaintiff’s contributory negligence and stated, in pertinent part, as follows:

“[T]hat the plaintiff . . . stepped out in front of the vehicle, and put himself in a position where he would necessarily be struck .... [T]hat the plaintiff was negligent, being out in the roadway, in an…