concurring in the result.
I would overrule the assignment of error which charges that the trial judge failed to review any of the evidence presented in the trial. I would do this upon the basis that the trial judge quite clearly instructed the jury upon some of the evidence when he read to the jury the stipulations which the parties had entered into. However, I cannot agree that the trial judge properly summarized the testimony as the majority opinion apparently holds. In my opinion a statement by the trial judge of what the parties contend the evidence shows does not satisfy the requirements of G.S. 1A-1, Rule 51(a). This rule requires the judge to state the evidence to the extent necessary to explain the application of the law thereto. In the case presently before us, the trial judge only told the jury what the •parties contended that the evidence tended to show. In my opinion this type of instruction is inadequate.
For the reasons stated, I concur only in the result reached by the majority.