N.C.P.I.—Civil 815.54

The (state number) issue reads:

"Did the defendant, without provocation, endanger the life of the

plaintiff by cruelty or barbarous conduct?"

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

that the plaintiff must prove, by the greater weight of the evidence, three

things:

First, that the defendant subjected the plaintiff to cruelty or

barbarous conduct.2 Whether particular acts constitute cruelty or

barbarous conduct depend on the facts and circumstances of each case.

Factors you may consider include, among other things, the status of the

parties and their sensibilities, social position, refinement, intelligence,

temperament, state of health, habits and feelings, as well as the

character and nature of the acts or violence alleged.

Second, that the cruelty or barbarous conduct of the defendant

actually endangered the life of the plaintiff. Acts of cruelty or barbarous

treatment may be mental, physical or both.

Third, that the plaintiff did not engage in conduct which provoked

the cruelty or barbarous conduct of the defendant.3 What constitutes

provocation depends on the facts and circumstances of each case.

Ordinarily, provocation does not exist unless the conduct of the plaintiff

has been such as would likely render it impossible for the defendant to

continue the marital relationship with safety, health and self-respect.4

Finally, as to this (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, without provocation, endangered the life of the plaintiff by

cruelty or barbarous conduct, 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, it would be your duty to

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