Dixon v. Seabd. Air Line Ry

• Decision Date: 19 August 1909
• Citation: 65 S.E. 351,83 S.C. 392
• Parties: DIXON . v. SEABOARD AIR LINE RY.
• Court: South Carolina Supreme Court

65 S.E. 351

(83 S.C. 392)

DIXON .

v.SEABOARD AIR LINE RY.

Supreme Court of South Carolina.

Aug. 19, 1909.

Appeal and Error (§ 110^*)—Decisions Reviewable—Order Granting New Trial. An order merely granting defendant a new

trial, after verdict for plaintiff in an action

for breach of contract, is not appealable., [Ed. Note.—-For other cases, see Appeal and

Error, Cent. Dig. § 741; Dec. Dig. § 110.*]

Appeal from Common Pleas Circuit Court of Richland County; George W. Gage, Judge.

Action by Joseph Dixon against the Seaboard Air Line Railway. From an order granting a new trial, plaintiff appeals. Dismissed.

W. Boyd Evans and Lawson D. Melton, for appellant.

Lyles & Lyles, for respondent.

GARY, A. J. This is an action for breach of contract. The jury rendered a verdict in favor of the plaintiff for $400. The defendant made a motion for a new trial, which was granted, whereupon the plaintiff appealed.

The order is not appealable. Lampley v. Railway, 77 S. C. 319, 57 S. E. 1104; Pace v. Railway, 83 S. C. 33, 64 S. E. 915.

The appeal is dismissed, but without prejudice to the rights of the parties to the action.

*.For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes