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245 N.C. 591

96 S.E.2d 851

Derby v. Owens

Supreme Court of North Carolina

Decided February 27, 1957

Supreme Court of North Carolina · decided 1957-02-27

Good law ✅— No negative treatment on recordhow we know

Decided 1957-02-27

How this case has been cited

Cited by 36 later decisions — most recently April 2019 · most notably In Re: Joseph Lee Moore (1976), Smith v. Keator (1974)

1 federal appellate · 35 state decisions

1101957196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Pee Cueiam.

¶1 The plaintiff’s assignments of error relate to the charge. Particularly, he contends that even in the absence of a request the judge committed reversible error in failing 'to instruct the jury that the plaintiff had a life expectancy of 15.27 years according to the mortuary table (G.S. 8-46) which he had introduced in evidence. Although the charge did not contain a direct reference to the plaintiff’s life expectancy, the court did instruct the jury to take into consideration all the evidence bearing on the issue, including the plaintiff’s age. The court, with clarity and accuracy, applied to the evidence in the case rules of law as they have been approved by this Court.

¶2 In the judgment we find

¶3 No error.

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