Godfrey v. Queen City Coach Co.

The trial court refused to dismiss the action as in case of nonsuit, but set aside tbe verdict as a matter of law without finding any facts or pointing out any error. The plaintiff excepted and appealed. In Likas v. Lackey, 186 N. C., 398, we held that an exception to an order setting aside a verdict as a matter of law cannot be sustained unless error is shown, because the order is presumed to be correct. Ordinarily the rule there stated will be observed; but in this case the briefs of the parties were prepared on the assumption that the reason assigned for vacating the verdict is the…