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WILLIAMS v. HAYES

No. 7020SC556.

178 S.E.2d 88 (1970)

10 N.C. App. 275

Elmer WILLIAMS v. Maxie HAYES and Rabon Transfer Company.

Court of Appeals of North Carolina.

December 30, 1970.

Attorney(s) appearing for the Case

Henry T. Drake, Taylor & McLendon, Wadesboro, for plaintiff appellee.

F. O'Neil Jones, Wadesboro, for defendants appellants.

MALLARD, Chief Judge.

Defendants moved that the verdict be set aside for the asserted reason that the verdict was excessive. The rule with respect to such motions is set forth in 7 Strong, N.C. Index 2d, Trial, § 52, as follows:

"A motion to set aside the verdict and for a new trial for inadequacy or excessiveness of the award of damages is addressed to the discretion of the trial court, and its ruling thereon is not reviewable in the absence of an abuse...

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