Supreme Court of North Carolina March 6, 1963, 594 (May v. SOUTHERN RAILWAY COMPANY)

SHARP, J.

The jury having answered the issue of contributory negligence against the plaintiff, the defendants are entitled to a judgment unless there is error in the trial below entitling the plaintiff to a

venire de novo. Bullard v. Ross,

205 N.C. 495, 171 S.E. 789.

There is error in the charge on the fourth issue which, nothing else-appearing, would entitle the plaintiff to a new trial.