Tbe main contentions of defendants were to tbe effect tbat tbe court below did not give instructions prayed for by tbe defendants. That tbe charge impinged and did not comply with O. S., 564. To comply with tbe statute, it is incumbent on tbe judge in tbe charge to tbe jury tbat be express no opinion as to whether a fact is fully or sufficiently proven — tbat is tbe province of tbe jury. It is further required tbat tbe judge shall state in a plain and correct manner tbe evidence and declare and explain tbe law applicable to tbe facts. It is also well settled tbat requests for instructions need not be given literally. If tbe charge as a whole includes substantially tbe prayers for instruction it is sufficient. Tbe evidence is not in tbe record. We think from tbe record before us tbe court below fully complied with tbe statute.
In Felmet v. Express Co., 123 N. C., at p. 501, we find: “Instructions of law given by tbe court to tbe jury must be founded on some phase of tbe evidence or on tbe admitted facts when there is to be an application of tbe law to facts admitted or found by tbe jury, and unless there appears in tbe statement of tbe case on appeal tbe admitted facts or tbe evidence upon which instructions were asked, we cannot tell whether tbe instructions are merely theoretical propositions of law or not.” James v. R. R., 121 N. C., 530.
In tbe charge in which tbe court below quotes tbe evidence and sets forth tbe contentions, we can see no prejudicial or reversible error.
It may not be amiss to quote what Mr. Justice Walker said for tbe Court in Withers v. Lane, 144 N. C., at p. 191: “Tbe judge should be tbe embodiment of even and exact justice. He should at all times be on tbe alert, lest, in an unguarded moment, something be incautiously said or done to shake tbe wavering balance which, as a minister of justice, be is supposed, figuratively speaking, to bold in bis bands. Every suitor is entitled by tbe law to have bis cause considered with tbe ‘cold neutrality of tbe impartial judge’ and tbe equally unbiased mind of a properly instructed jury. This right can neither be denied nor abridged.” Starling v. Cotton Mills, 171 N. C., at p. 222.
Tbe questions for tbe jury to determine in this action were simple and not complicated. It narrowed itself down to a question of fact as to whether tbe messenger boy was negligent in violating tbe safety zone ordinances; if so, be and tbe company, bis employer, as be was about bis master’s business, were guilty of negligence, if their negligence was tbe proximate cause of plaintiff’s injury. On tbe other band, if plaintiff violated tbe safety zone ordinances, and tbat was tbe proximate *774cause of the injury, plaintiff was guilty of contributory negligence and could not recover. It seems that there is no contest over the charge as to damages.
In Davis v. Long, 189 N. C., at p. 137, it is said: “The case is not complicated as to the law or facts. The jurors are presumed to be men ‘of good moral character and sufficient intelligence.’ They could easily understand the law as applied to the facts.” In the judgment we find
No error.