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BETHEA v. TOWN OF KENLY

No. 524.

136 S.E.2d 38 (1964)

261 N.C. 730

David BETHEA v. TOWN OF KENLY, Carl Durham, Ralph Davis, and Eula Mae Stancil and Kenneth H. Stancil.

Supreme Court of North Carolina.

April 29, 1964.

Attorney(s) appearing for the Case

Shepard, Spence & Mast, Smithfield, for plaintiff.

Smith, Leach, Anderson & Dorsett, Raleigh, and William R. Britt, Smithfield, for defendants Town of Kenly and Carl Durham.

PER CURIAM.

Plaintiff's appeal. "It is a cardinal rule that the judgment must follow the verdict, and if the jury have given a specified sum as damages, the court cannot increase or diminish the amount, except to add interest, where it is allowed by law and has not been included in the findings of the jury." 2 McIntosh, North Carolina Practice and Procedure § 1691 (2d ed. 1956); Durham v. Davis, 171 N.C. 305, 88 S.E. 433. In this case, the judge should...

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