Legal Opinion

Branson v. York

Court of Appeals of North Carolina

Decided June 23, 1971No. 7119SC194Published

1Opinion of the Court

PARKER, Judge.

The action of the trial judge in setting aside a verdict in his discretion is not subject to review on appeal in the absence of an abuse of discretion. Goldston v. Chambers, 272 N.C. 53, 157 S.E. 2d 676; City of Randleman v. Hudson, 2 N.C. App. 404, 163 S.E. 2d 77. The record in this case does not disclose an abuse of discretion by the trial judge; hence, the order setting aside the verdict in this case is not subject to review on appeal.

Appeal dismissed.

Chief Judge Mallard and Judge Vaughn concur.

2Cases cited2 opinions

  1. Goldston v. ChambersSupreme Court of North Carolina · 1967
  2. City of Randleman v. HudsonCourt of Appeals of North Carolina · 1968