Young v. Stewart

WELLS, Judge.

In their first assignment of error, plaintiffs contend the trial court erred in finding plaintiff Ursula Young’s lost earning capacity evidence insufficient to go to the jury and that the verdict was not supported by the evidence and contrary to law. Defendants contend the order from which plaintiffs appeal is discretionary and is subject to review only for abuse of discretion. However, the decision is reviewable where the trial judge grants or refuses to grant a new trial based on some question of law or legal inference which the judge decides. Hunnicutt v. Griffin, 76 N.C. App.…