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WORTHINGTON v. BYNUM

No. 125A81.

290 S.E.2d 599 (1982)

Ben F. WORTHINGTON v. William Anderson BYNUM. and Jesse COGDELL, Jr. v. William Anderson BYNUM.

Supreme Court of North Carolina.

May 4, 1982.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by M. E. Cavendish and Marvin Blount, Jr., Greenville, for plaintiffs-appellees.

Gaylord, Singleton & McNally by L. W. Gaylord, Jr., Greenville, for defendant-appellant.

COPELAND, Justice.

A single question is presented for our review: Did the Court of Appeals err in reversing Judge Peel's order for a new trial? We hold that it did and reverse.

Defendant's counsel moved for a new trial upon the grounds that the jury manifestly disregarded the court's instructions, that the jury awarded excessive damages under the influence of passion and prejudice, and that the evidence was insufficient to justify the verdict or that the verdict...

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