Wood v. Atlantic & North Carolina Railroad

When the trial Judge sets aside or refuses to set aside a verdict on the ground that it is against the weight c£ the evidence, or excessive, or for other matter resting in his irreviewable discretion, no appeal lies. Clark’s Code (3d Ed.), pages 736, 746. But when the verdict is set aside as a matter of law, as here, because the Judge held that he had erroneously refused a prayer asked by the losing party, an appeal lies. Bryan v. Heck, 67 N. C., 322; Gay v. Nash, 84 N. C., 333; Thomas v. Myers, 87 N. C., 31. An appeal lay at once, because a verdict is a substantial right, and the appellant…