Superior Foods, Inc. v. Harris-Teeter Super Markets, Inc.

MARTIN, Judge.

Plaintiff contends the trial court erred in giving certain jury instructions where there was no evidence to support such instructions. It is obvious that the record on appeal does not contain all the evidence presented at trial. “If an exception is based upon the ground that there was no evidence to sustain the instruction, this Court cannot pass upon it unless all of the evidence is sent up.” Atwell v. Shook, 133 N.C. 387, 45 S.E. 777 (1903). At any rate, that evidence which is in the record does not support plaintiff’s contentions. Plaintiff’s assignments of error in this…