Branch v. Gurley

The judgment here for review is based on the jury’s answers (1) to the issue of negligence returned at the trial before Judge Hubbard, and (2) to the issue of damages returned at the trial before Judge Clark. Judge Hubbard, having set aside the verdict on the issue of damages only, as he had the right to do in his discretion, Hinton v. Cline, 238 N.C. 136, 76 S.E. 2d 162, the defendants are entitled to have us consider their assignments of error based on the exceptions to his rulings on the issues of negligence, and to Judge Clark’s rulings on the issue of damages.

The evidence in the light…