Legal Opinion

Young v. State Farm Mutual Automobile Insurance

Supreme Court of North Carolina

Decided May 25, 1966No. 614PublishedCited by 12 opinions

1Opinion of the CourtHiggins, J.

The sole assignment of error involves the validity of the judgment. The plaintiff assails it on two grounds: “(a) It is against the weight of the evidence; and (b) it is contrary to the law and the conclusions of law arising from the facts thereon."

By waiving a jury trial and by consenting for the court to find the facts, the parties transferred to the Judge the function of weighing the evidence. Hence the findings are conclusive if supported by competent evidence. The record consists of the pleadings, documents, and stipulations. Most of these this Court has seen before. Moore v. Young, 260…

2Cases cited7 opinions

  1. Moore v. HumphreySupreme Court of North Carolina · 1958
  2. Snyder v. Kenan Oil Co.Supreme Court of North Carolina · 1952
  3. Jenkins v. FieldsSupreme Court of North Carolina · 1954
  4. Beauchamp v. ClarkSupreme Court of North Carolina · 1959
  5. Moore v. YoungSupreme Court of North Carolina · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Huski-Bilt, Inc. v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1967
  2. Town of Sylva v. GibsonCourt of Appeals of North Carolina · 1981
  3. Mayo v. American Fire & Casualty CompanySupreme Court of North Carolina · 1972
  4. Whitley's Electric Service, Inc. v. SherrodSupreme Court of North Carolina · 1977
  5. Branch Banking & Trust Co. v. GillSupreme Court of North Carolina · 1977

7 more not listed; retrieve them via the Exa API.

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