Poniros v. Nello L. Teer Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Williams, J., and a jury, October Term, 1951, of ObaNGe. Civil action to recover damages for injury to real property, due to tbe alleged negligence of the defendant contractor while conducting blasting-operations in connection with a highway construction project near plaintiffs’ property. The plaintiffs own certain real estate located on State Highway No. TO in Orange County.
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Appeal by plaintiffs from Williams, J., and a jury, October Term, 1951, of ObaNGe. Civil action to recover damages for injury to real property, due to tbe alleged negligence of the defendant contractor while conducting blasting-operations in connection with a highway construction project near plaintiffs’ property. The plaintiffs own certain real estate located on State Highway No. TO in Orange County. The defendant company, under contract with the N. 0. State Highway and Public "Works Commission, changed the grade and widened the roadway near the plaintiffs’ property, and in doing so used…
1Opinion of the CourtJoiiNSON, J.
The plaintiffs’ first group of exceptive. assignments of error relate to the refusal of the trial court to allow their motions to set aside the verdict and grant a new trial upon the ground that the verdict is contrary to the greater weight of the evidence.
These motions were directed to the sound discretion of the presiding judge, whose rulings, in the absence of abuse of discretion; are not reviewable on appeal. No abuse of discretion is shown. G-.S. 1-201; Goodman v. Goodman, 201 N.C. 808, 161 S.E. 686; Ziglar v. Ziglar, 226 N.C. 102, 36 S.E. 2d 657; Muse v. Muse, 234 N.C. 205, 66 S.E. 2d…
2Cases cited6 opinions
- Rawls v. . LuptonSupreme Court of North Carolina · 1927
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Bruce v. O'Neal Flying Service, Inc.Supreme Court of North Carolina · 1951
- Albritton v. . AlbrittonSupreme Court of North Carolina · 1936
- Muse v. MuseSupreme Court of North Carolina · 1951
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- White v. KellerSupreme Court of North Carolina · 1955
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