Howard v. Mercer

BRITT, Judge.

The sole question presented is whether the trial court erred in setting aside the verdict on the issue relating to plaintiff’s damages and awarding a new trial on that issue. We hold that the court erred.

Prior to the enactment and effective date of the Rules of Civil Procedure, G.S. Chapter 1A (effective 1 January 1970), G.S. 1-207 authorized a trial judge to set aside a verdict and grant a new trial “upon exceptions, or for insufficient evidence, or for excessive damages.”

G.S. 1A-1, Rule 59(a), sets out nine grounds upon which the trial judge may grant a new trial on all or part…