Millas v. Coward
Millas v. Coward
Opinion of the Court
Defendant concedes in his brief “there was sufficient evidence of negligence for a finding against the defendant,” but contends that plaintiff should have been nonsuited at the close of the evidence, for the reason that she was guilty of contributory negligence as a matter of law, as shown by her own evidence.
Defendant assigns as error the failure of the court to set aside the verdict and award a new trial. His argument in his brief in support of this assignment of error is that the verdict for $7,719.30 is unreasonable and excessive and disproportionate to the injuries sustained by plaintiff.
The granting or denial 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 the many cases there cited. His decision on the motion will not be disturbed on appeal unless it is obvious that he abused his discretion. Hinton v. Cline, supra; Lamm v. Lorbacher, 235 N.C. 728, 71 S.E. 2d 49; Francis v. Francis, 223 N.C. 401, 26 S.E. 2d 907; Freeman v. Bell, 150 N.C. 146, 63 S.E. 682.
An abuse of discretion does not appear in the case sub judice.
The assignment of error as to the charge is deemed abandoned for the reason that in appellant’s brief no reason or argument in support of it is stated or authority cited. Rule 28 of Rules of Practice in the Supreme Court, 221 N.C. 562.
The only other assignment of error is to the signing of the judgment.
All assignments of error are overruled.
No error.
Reference
- Full Case Name
- MINNIE MAE DAVIS MILLAS v. LESLIE R. COWARD
- Status
- Published