HOWARD v. MERCER

No. 778SC472.

243 S.E.2d 168 (1978)

Simpson HOWARD v. Chris MERCER.

Court of Appeals of North Carolina.

April 18, 1978.


Attorney(s) appearing for the Case

Turner & Harrison by Fred W. Harrison, Kinston, for plaintiff.

Jeffress, Morris & Rochelle by Vernon H. Rochelle and David R. Duke, Kinston, for defendant-appellee.


BRITT, Judge.

The sole question presented is whether the trial court erred in setting aside the verdict on the issue relating to plaintiff's damages and awarding a new trial on that issue. We hold that the court erred.

Prior to the enactment and effective date of the Rules of Civil Procedure, G.S. Chapter 1A, (effective 1 January 1970), G.S. 1-207 authorized a trial judge to set aside a verdict and grant a new trial "upon exceptions, or for insufficient evidence...

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