Hyder v. ASHEVILLE STORAGE BATTERY COMPANY

It is not controverted that there was evidence of negligence on the part of the driver of defendant’s truck, but the appellant contends the comments of the trial judge, spoken in the presence and hearing of the jury, with respect to the sufficiency of the evidence to warrant submission of an issue as to plaintiff’s contributory negligence, constituted an expression of opinion as to the evidence, prohibited by G.S. 1-180.

The plaintiff takes the position, however, that there was no evidence of contributory negligence on his part sufficient to be submitted to the jury, apd hence the judge’s…