Godfrey v. Queen City Coach Co.

Stagy, O. J.

The discretionary power of the Superior Court to set aside the verdict in this case was not invoked, either at the trial term or following the first appeal here. Compare Allen v. Gooding, 174 N. C., 271, 93 S. E., 740; Lancaster v. Bland, 168 N. C., 377, 84 S. E., 529. The only point presented is the legal sufficiency of the evidence to carry the case to the jury.

The defendant’s evidence, standing alone, would seem to bring the case within the decision in Burke v. Coach Co., 198 N. C., 8, 150 S. E., 636. But viewing the plaintiff’s evidence with the liberality required on…