Tallent v. McKelvey

*664Felton, Chief Judge,

dissenting. 1. Code § 105-2015 provides: “The question of damages being one for the jury, the court should not interfere, unless the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias.” My understanding of this Code Section is that it does not have reference to a gross mistake, or any other kind of mistake on the part of a trial judge, which is not excepted to. When the judge in this case erroneously charged the law of comparative negligence and such a charge was not excepted to, the charge became the law of the case. The…