Wells v. Bissette

Plaintiffs assign as error the order of Judge Hubbard setting the verdict aside as a matter of law on the ground above stated, and ordering a new trial.

A trial judge may set a verdict aside “as a matter of law for errors committed during the trial, and from this order the aggrieved party may appeal.” Ward v. Cruse, 234 N.C. 388, 67 S.E. 2d 257.

In brief summary, both complaints allege Gary Allen Wells, a two-year-old child, was struck by an automobile owned and operated by defendant on a curve at an intersection of Rural Paved Road #1964 and Rural Paved Road #1960 about three miles north of…