McRae v. . Lilly
Supreme Court of North Carolina
This was ail action of trespass on the case, brought to recover of the defendant damages for the seduction of the plaintiff’s daughter. Upon the trial, at Cabarrus, on the last circuit, before his honor Judge Settle, the plaintiff introduced as a witness his daughter, Regina, who testified that she was seduced by the defendant;, and that, at the time of her seduction, she was living with her father, performing the usual and customary duties of a child in his family.
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This was ail action of trespass on the case, brought to recover of the defendant damages for the seduction of the plaintiff’s daughter. Upon the trial, at Cabarrus, on the last circuit, before his honor Judge Settle, the plaintiff introduced as a witness his daughter, Regina, who testified that she was seduced by the defendant;, and that, at the time of her seduction, she was living with her father, performing the usual and customary duties of a child in his family. The defendant then introduced several witnesses, with a view to shew that the plaintiff consented to, or connived at, the…
1Opinion of the Court
Gaston, Judge.
It is exceedingly clear that we cannot
reverse the judgment below, because of the alleged finding of excessive damages by the jury, or of the refusal of the Judge to set aside that finding. Whether the damages be excessive or not, we have not the means of examining, because “ between this Court and the evidence there is an impenetrable wall;” (see Bank of Newbern vs. Pugh, 2 Hawks Rep. 392,) and if we had the means of examination, we have no right to determine, because this is not a question of law, but of discretion.
We cannot award a new trial because we think the Judge ought to…
2Cited by7 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Wesley v. Greyhound Lines, Inc.Court of Appeals of North Carolina · 1980
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- Edwards v. . PhiferSupreme Court of North Carolina · 1897
- Walters v. Durham Lumber Co.Supreme Court of North Carolina · 1914
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