Guyes v. . Council

Per Curiam.

The plaintiff has abandoned all except one of his assignments of error and presents to us for decision but one question: Does the charge of the court meet the requirements of that part of C. S., 564, requiring a trial judge to "state in a plain and correct manner the evidence given in the case and declare and explain the law arising thereon ?”

The court below gave an extended charge, which consumes more than forty-eight pages of the printed record, in which he carefully and correctly defined what constitutes fraud and deceit as those terms are related to the evidence in the cause. He likewise defined negligence as that term relates to the evidence relied upon by the plaintiff. That is, he explained to the jury what facts would constitute fraud and deceit and what facts would constitute negligence under the allegations and evidence in the cause. He then recapitulated the evidence, witness by witness. This was followed by a full statement of the contentions of the respective parties.

Then, after explaining the burden of proof, the court charged the jury directly upon the issues substantially as shown by his charge on the second issue, which, after quoting the issue, is as follows: "If the plaintiff has satisfied you by the greater weight of the evidence that he was injured through fraud and deceit of the defendants, bearing in mind and remembering the definition of fraud and deceit and other rules of law applicable that the court has heretofore more fully explained to you, then you will answer the second issue ‘Yes,’; otherwise, No.’ ”

While the better practice may require the judge to state in his charge to the jury that if it finds certain recited facts which the plaintiff contends are established by the evidence they would answer the issue in the affirmative, otherwise in the negative, so that the jury may thus get an immediate picture of the facts necessary to support an affirmative answer to the issue, we cannot hold the method pursued by the court below is a violation of the provision of O. S., 564. There was much evidence offered and numerous elements enter into and constitute a part of the alleged fraud and deceit and alleged negligence. It would be difficult, if not impossible, for a judge to intelligently explain to the jury the controverted issues except in the manner adopted by the court below.

Tbe plaintiff bas bad bis cause submitted to a jury under a charge wbicb fully explains tbe law and tbe evidence, and tbe jury bas rendered a verdict adverse to bim. His exceptive assignment of error cannot be sustained.

No error.