Ward v. Cruse

The trial judge set aside the verdict in the exercise of her sound discretion. Her action in so doing is not reviewable. Riley v. Stone, 169 N.C. 421, 86 S.E. 348; Jones v. Insurance Co., 210 N.C. 559, 187 S.E. 769; S. v. Caper, 215 N.C. 670, 2 S.E. 2d 864.

The decisive question is this: Did the court below have authority to allow the motion to nonsuit and dismiss the action after the jury had rendered its verdict? This Court has consistently held to the negative view.

As stated, a trial judge may set aside a verdict in his discretion. He may set it aside as a matter of law for errors committed…