Setzer v. Dunlap

CAMPBELL, Judge.

The defendant assigns as error the action of the trial judge in setting aside the verdict and granting a new trial.

Under G.S. 1A-1, Rule 59(a) (6), a judge may grant a new trial to any party on the grounds that inadequate damages were awarded which appear to have been given under the influence of passion or prejudice. A motion in this regard is directed to the sound discretion of the trial judge and it is established that “[w]hile the necessity for exercising this discretion, in any given case, is not to be determined by the mere inclination of the judge, but by a sound and…