Bethea v. Town of Kenly

Plaintiff’s appeal. “It is a cardinal rule that the judgment must follow the verdict, and if the jury have given a specified sum as damages, the court cannot increase or diminish the amount, except to add interest, where is is allowed by law and has not been included in the findings of the jury.” 2 McIntosh, North Carolina Practice and Procedure § 1691 (2d ed. 1956); Durham v. Davis, 171 N.C. 305, 88 S.E. 433. In this case, the judge should have set aside the verdict in his discretion if he deemed it against the weight of the evidence or considered the damages excessive. Instead of doing so,…