Decker v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at August Term, 1914, of Pitt. Tbis action was brought to recover damages for injuries alleged to have been caused by the defendant’s negligence, and resulted in a verdict for the' feme plaintiff upon all the issues.
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Appeal by plaintiff from Peebles, J., at August Term, 1914, of Pitt. Tbis action was brought to recover damages for injuries alleged to have been caused by the defendant’s negligence, and resulted in a verdict for the' feme plaintiff upon all the issues. The case on appeal states: The jury answered the issues in favor of the plaintiff, as set out in the record, and assessed her damages at $5,000. Upon the coming in of the verdict, the defendant moved the court, in its discretion, to set aside the verdict as against the weight of the evidence and excessive in amount of damages. The court being…
1Opinion of the Court
Walker, J.,
after stating the case: It has been settled by decisions of this Court that the judge presiding in the Superior Court has no power to set aside a verdict out of term, or at a subsequent term (Stilley v. Planing Mills, 161 N. C., 577), although the same judge may have presided at both terms, without the consent of the parties; but with their consent he may do so. Clothing Co. v. Bagley, 147 N. C., 37. In such a case, and generally also, consent waives the law. The elementary doctrine is well stated in Broom’s Legal Maxims (6 Am. Ed. of 1868), at top page 105, star page 137 et seq.:…
2Cases cited1 opinion
- Oak Hall Clothing Co. v. BagleySupreme Court of North Carolina · 1908
3Cited by3 opinions
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