Campo Ex Rel. Campo v. S. H. Kress & Co.

182 S.E. 475, 208 N.C. 816, 1935 N.C. LEXIS 139

• Court: Supreme Court of North Carolina
• Decided: November 20, 1935
• Status: Published

Opinion

Per Curiam.

The jury by their verdict found that the defendant unlawfully arrested and wrongfully made an assault upon the plaintiff and assessed his damages at $2,250. From judgment in accord with the verdict the defendant appealed to the Supreme Court.

The defendant made three assignments of error, namely, (1) that the court erred in denying defendant’s motion to set aside the verdict on the ground of newly discovered evidence, (2) that the court erred in denying defendant’s motion to set aside the verdict on the ground that the same was contrary to and unsupported by the evidence, and (3) that the court erred in denying defendant’s motion to set aside the verdict on the fourth issue on tbe ground tbat tbe damages awarded were excessive. It appears from tbe record tbat tbe action of tbe court in denying tbe motions of tbe appellant was taken in eacb instance in tbe exercise of judicial discretion, and, for tbat reason, are not reviewable. Carson v. Dellinger, 90 N. C., 226; Hoke v. Whisnant, 174 N. C., 658; Benton v. R. R., 122 N. C., 1007 (1009), and cases there cited.

Affirmed.