Dixon v. Young
Supreme Court of North Carolina
Dixon v. Young, 122 S.E.2d 202 (N.C. 1961)
255 N.C. 578; 1961 N.C. LEXIS 638
Per Curiam
Dixon v. Young
Opinion
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.
βThe 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.β 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.
Reference
- Full Case Name
- LUTHER DIXON v. HOUSTON YOUNG, Original Defendant and WALTER HOLMES ADAIR, JR., Additional Defendant
- Cited By
- 12 cases
- Status
- Published