Dobson v. Honeycutt

Judge Parker

concurring in result.

I concur in the result, but I would overrule plaintiffs’ first assignment of error regarding the peremptory instruction for a different reason. Under the authority of Electro Lift, Inc. v. Miller Equipment Company, 270 N.C. 433, 154 S.E. 2d 465 (1967), a trial judge in giving a peremptory instruction in his charge to the jury must give the jury the opportunity for either an affirmative or negative response, and I agree with the majority that the proper form for the instruction is as set forth in the civil pattern jury instructions. However, in my view…