Opinion

Hinton v. Cline

  • 238 N.C. 136
  • 76 S.E.2d 162
  • 1953 N.C. LEXIS 727
Court
Supreme Court of North Carolina
Filed
Jun 12, 1953
Status
Published
Author
Ervin
On the bench
Ervin
Cited by
13 cases
Authority
More cited than 95.3%

The opinion

Ervin, J.

The plaintiff assigns as error the refusal of the trial judge to set the verdict aside and award him a new trial on the ground of inadequacy of the damages.

The 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.

McClamroch v. Ice Co.,

217 N.C. 106 , 6 S.E. 2d 850 ;

Johnston v. Johnston,

213 N.C. 255 , 195 S.E. 807 ;

Waller v. Hipp,

208 N.C. 117 , 179 S.E. 428 ;

Blum v. R. R.,

187 N.C. 640 , 122 S.E. 562 ;

Hoke v. Whisnant,

174 N.C. 658 , 94 S.E. 446 ;

Harvey v. Railroad Company,

153 N.C. 567 , 69 S.E. 627 ;

Billings v. Observer,

150 N.C. 540 , 64 S.E. 435 ;

Braddy v. Elliott,

146 N.C. 578 , 60 S.E. 507 ;

Boney v. Railroad,

145 N.C. 248 , 58 S.E. 1082 ;

Slocumb v. Construction Co.,

142 N.C. 349 , 55 S.E. 196 ;

Phillips v. Telegraph Co.,

*138

130 N.C. 513 , 41 S.E. 1022 ;

Burns v. Railroad,

125 N.C. 304 , 34 S.E. 495 ;

Benton v. Collins,

125 N.C. 83 , 34 S.E. 242 , 47 L.R.A. 33 ;

Benton v. Railroad,

122 N.C. 1007 , 30 S.E. 333 ;

Norton v. Railroad,

122 N.C. 910 , 29 S.E. 886 ;

Goodson v. Mullin and Derr,

92 N.C. 211 ;

Brown v. Morris,

20 N.C. 565 ;

Young v. Hairston,

14 N.C. 54 . His decision on tbe motion will not be disturbed on appeal unless it is obvious that be abused bis discretion.

Lamm v. Lorbacher,

235 N.C. 728 , 71 S.E. 2d 49 ;

Francis v. Francis,

223 N.C. 401 , 26 S.E. 2d 907 ;

Freeman v. Bell,

150 N.C. 146 , 63 S.E. 682 .

An abuse of discretion does not appear in tbe case at bar. Indeed, tbe evidence at tbe trial was consistent witb tbe view tbat tbe plaintiff’s personal injuries were limited to temporary bruises.

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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