N.C.P.I.—Civil 805.10

The (state number) issue reads:

"Did the defendant trespass upon the (identify personal property)1

of the plaintiff?"

On this issue the burden of proof is on the plaintiff. This means

the plaintiff must prove, by the greater weight of the evidence, two

things:2

First, that, at the time of the alleged trespass, the plaintiff had

[actual] [constructive] possession of the (identify personal property).

[Actual possession consists of [physically possessing] [exercising

dominion over] [making ordinary use of] [taking the profits or benefits

from] the personal property in question].]3 [Constructive possession

exists when a person does not have actual possession but has the right

to take possession whenever so desired.]4

And Second, that, without justification, authority or lawful excuse,

the defendant interfered with the plaintiff's possession of the (identify

personal property).5

Finally, as to the (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the defendant trespassed upon the (identify personal property) of the

plaintiff, then it would be your duty to answer this issue "Yes" in favor of

the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.