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23 N.C. App. 362

208 S.E.2d 710

Setzer v. Dunlap

Court of Appeals of North Carolina

Decided October 16, 1974

Court of Appeals of North Carolina · decided 1974-10-16

Key passage — most relied on by later courts

“`in extreme circumstances, not at all likely to arise; and it is therefore practically unlimited'”

quoted by 1 later decision, including 187 N.C. App. 214 - Hughes v. Rivera-Ortiz

Relies on Goldston v. Chambers · Settee v. Charlotte Electric Railway Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1974-10-16

How this case has been cited

Cited by 12 later decisions — most recently November 2007

12 state decisions

401974198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CAMPBELL, Judge.

¶1 The defendant assigns as error the action of the trial judge in setting aside the verdict and granting a new trial.

¶2 Under G.S. 1A-1, Rule 59(a) (6), a judge may grant a new trial to any party on the grounds that inadequate damages were awarded which appear to have been given under the influence of passion or prejudice. A motion in this regard is directed to the sound discretion of the trial judge and it is established that “[w]hile the necessity for exercising this discretion, in any given case, is not to be determined by the mere inclination of the judge, but by a sound and enlightened judgment in an effort to attain the end of all law, namely, the doing of even and exact justice, we will yet not supervise it, except, perhaps, in extreme circumstances, not at all likely to arise; and it is therefore practically unlimited.” Goldston v. Chambers, 272 N.C. 53, 59, 157 S.E. 2d 676, 680 (1967), quoting Settee v. Electric Ry., 170 N.C. 365, 367, 86 S.E. 1050, 1051 (1915).

¶3 We have reviewed the record and fail to find such extreme circumstances as would render this case reviewable. Consequently, this appeal is

¶4 Dismissed.

Judges Parker and Vaughn concur.
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