Henderson v. Matthews

EXUM, Justice.

We allowed Henderson’s petition for further review to consider whether the Court of Appeals erred in ordering new trials of the passengers’ claims against defendant Henderson upon an appeal taken only by defendant Matthews. In our opinion it did.

Appellate courts do not generally vindicate the rights of parties aggrieved at trial who could appeal but choose not to do so. Quenby Corp. v. Connor Co., 272 N.C. 208, 158 S.E. 2d 18 (1967); cf. Van Dyke v. Insurance Co., 173 N.C. 700, 91 S.E. 600 (1917); but see Edwards v. Butler, 244 N.C. 205, 92 S.E. 2d 922 (1956) (exercise of…