Whedbee v. . Ruffin

There are thirty-eight exceptions in the record, and a separate discussion of each is not essential to the determination of the appeal. A group of exceptions involve the question of the meaning or significance of a new trial. The concluding paragraph in the opinion in the former appeal, as will appear in 189 N. C., 262, is as follows: “There must be a new trial in order that the damages which plaintiff is entitled to recover may be ascertained, in accordance with the rule as to measure of damages herein approved. New trial.”

The plaintiff insists that the meaning of the language employed by…