Edwards v. . Upchurch

193 S.E. 19, 212 N.C. 249, 1937 N.C. LEXIS 287

• Court: Supreme Court of North Carolina
• Decided: October 13, 1937
• Status: Published

Opinion

CoNNOR, J.

The trial judge has the power to set aside a verdict and order a new trial, ,when in his opinion the verdict is not supported by the evidence or is against the weight of the evidence. In proper eases, it is manifestly his duty to exercise this power, and thus prevent injustice. See C. S., 591; Bundy v. Sutton, 207 N. C., 422, 177 S. E., 420; Hyatt v. McCoy, 194 N. C., 760, 140 S. E., 807; Rankin v. Oates, 183 N. C., 517, 112 S. E., 32. He has no power, however, ordinarily to change or modify a verdict as returned by the jury and render judgment on the verdict as changed or modified by him.

On the facts recited in the judgment in the instant case, the verdict should have been set aside and a new trial ordered by the trial judge. For that reason the judgment is reversed to the end that the plaintiff may have a new trial, to which, in view of her assignments of error on this appeal, she is entitled.

New trial.