ROBERTSON v. STANLEY

No. 75.

206 S.E.2d 190 (1974)

285 N.C. 561

Douglas Wayne ROBERTSON, an infant, By and Through his guardian ad litem, Samuel B. Robertson v. Carper S. STANLEY, Jr.

Supreme Court of North Carolina.

July 1, 1974.


Attorney(s) appearing for the Case

Harrington & Stultz by Thomas S. Harrington, Eden, for plaintiff appellant.

Joseph E. Elrod III, of Henson, Donahue & Elrod, Greensboro, attorney for defendant appellee.


HUSKINS, Justice:

Denial of his motion for a new trial on the issue of damages constitutes plaintiff's sole assignment of error. He contends the verdict is invalid as a matter of law and that the trial judge was duty bound to set it aside on the third issue and grant a new trial on the question of damages. On the other hand, defendant contends that denial of plaintiff's motion for a new trial on the damages issue was a discretionary act of the trial judge from...

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