Nance v. Long

107 S.E.2d 926, 250 N.C. 96, 1959 N.C. LEXIS 435

Opinion

Pee CuRiam.

Plaintiff makes two assignments of error: (1) that the charge of the court upon -a phase of the evidence does not comply with the requirements of G.S. 1-180, and (2) that the 'court.erred in denying plaintiff’s motion to set the verdict aside as being contrary to the weight of the evidence. This was :a case for the jury, and the court submitted it upon proper issues. When the .charge of the court is considered eontexual'ly as a whole, as we are required to do, it is clear that the learned Judge declared and explained the law .arising on all .phases of the evidence. Motor Co. v. Ins. Co., 220 NC. 168, 16 S.E. 2d 847. The refusal to set aside the verdict as being contrary to the weight of the evidence was a matter within the discretion of the court iand no appeal lies therefrom. Roberts v. Hill, 240 N.C. 373, 82 S.E. 2d 373.

•No Error.