Wolfe v. Blue Ridge Quarries, Inc.

Reno, P. J.,

We keenly regret that we are obliged to order a new trial. Taken as a whole, the case was well tried. The evidence was clearly and fully developed and the general charge submitted the issues of fact to the jury fully, adequately and fairly.

If we could be certain that the verdict represents truly the judgment of the jury upon the evidence and the general charge, we should not disturb it. But this, in view of the answer to plaintiff’s fifth point, we cannot know. Plaintiff presented a number of points, most of which were refused because they *534assumed as true certain facts which were…