Wright v. D. Pender Grocery Co.

The only assignment of error is to the judge’s charge on the issue of contributory negligence. The defendant complains that the court below failed to properly instruct the jury on this phase of the case. It appears from the record that the court, after properly defining negligence and proximate cause, used this language with reference to the first issue: “If you are satisfied by the greater weight of the evidence, first, that the defendant was negligent, and, second, that the defendant’s negligence was the proximate cause of the injury, you would answer the first issue 'Yes.’ If not so…