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272 N.C. 280

Driver v. Gill

Supreme Court of North Carolina

Decided December 13, 1967

Supreme Court of North Carolina · decided 1967-12-13

Relies on Mintz v. Atlantic Coast Line Railroad · Motor Co. v. . Insurance Co.

Decided 1967-12-13

Per Curiam.

¶1Defendants’ assignments of error all relate to the charge, which — considered as a whole, as all charges must be — , discloses that the court correctly applied the law to the evidence in the case. Motor Co. v. Insurance Co., 220 N.C. 168, 16 S.E. 2d 847.

¶2Plaintiff’s testimony relating to her persistent headaches and other symptoms, and the testimony of the dental surgeon that she had nine teeth broken in the accident, justified the court’s charge that the award of damages was to be made on the basis of a cash settlement of plaintiff’s injuries, past, present and prospective. The charge on the measure of damages was in accord with the rule laid down by Stacy, C.J., in Mintz v. R. R., 233 N.C. 607, 65 S.E. 2d 120.

¶3The verdict in this case appears to have been in accord with the greater weight of the evidence, and in the trial, we find

¶4No error.

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