Burns v. McElroy

HEDRICK, Judge.

Based on Assignments of Error numbered 3, 4, and 5, plaintiff contends that the trial court erred in “not submitting certain issues” to the jury and in its instructions to the jury with respect to plaintiffs claim for services.

“The issues to be submitted to the jury are those raised by the pleadings and supported by the evidence.” Johnson v. Massengill, 280 N.C. 376, 384, 186 S.E. 2d 168, 174 (1972). “The duty of the judge is to declare the law arising on the evidence and to explain the application of the law thereto. Rule 51(a) of the Rules of Civil Procedure.” Link v. Link,…