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Dixon v. Young

122 S.E.2d 202, 255 N.C. 578, 1961 N.C. LEXIS 638
Supreme Court of North Carolina·Decided November 1, 1961·No. 383·Published·Cited by 12 cases

Opinion

Pee Cueiam.

The plaintiff assigns as error the refusal of the trial judge to set aside the verdict on the issue of damages only and to grant a new trial thereon on the ground that the damages assessed by the jury were inadequate.

“The granting or the denying of a motion for a new trial on the ground that the damages assessed by the jury are excessive or inadequate is within the sound discretion of the trial judge.” Hinton v. Cline, 238 N.C. 136, 76 S.E. 2d 162, and cited cases.

In such cases, in the absence of an abuse of discretion, the ruling of the trial judge is not reviewable on appeal. An abuse of discretion has not been made to appear on this appeal.

No error.

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Dixon v. Young, 122 S.E.2d 202, 255 N.C. 578, 1961 N.C. LEXIS 638 (N.C. 1961).

122 S.E.2d 202 (Dixon v. Young) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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