Mack v. Frito-Lay, Inc.
| Decision Date | 18 December 1963 |
| Docket Number | INC,FRITO-LA,No. 18145,18145 |
| Citation | 243 S.C. 376,133 S.E.2d 833 |
| Court | South Carolina Supreme Court |
| Parties | Daisy B. MACK, Administratrix of the Estate of Deborah Ann Mack, Respondent, v.and Jack Martin, Appellants. |
Weinberg & Weinberg, Sumter, for appellants.
R. Kirk McLeod, W. L. Clifton, Sumter, for respondent.
This action for wrongful death resulted in a verdict for the defendants. Plaintiff's motion for a new trial upon the ground that the verdict was contrary to the preponderance of the evidence was granted by the court. The defendants appeal and charge error.
This appeal presents no issue for review by this Court under the well settled rule that a trial judge has the authority and duty to grant a new trial when, in his judgment, the verdict of the jury is contrary to the fair preponderance of the evidence, and such order is not appealable. Fuller v. Bailey, 237 S.C. 573, 118 S.E.2d 340; Donkle v. Forster, 238 S.C. 90, 119 S.E.2d 231; and Lee v. Kirby, S.C., 133 S.E.2d 127.
Appeal dismissed.
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South Carolina Dept. of Highways and Public Transp. v. Mooneyham
...and that an order granting a new trial on such ground is not appealable. Lee v. Kirby, 243 S.C. 185, 133 S.E.2d 127; Mack v. Frito-Lay, et al., 243 S.C. 376, 133 S.E.2d 833." On the other hand, there are cases which clearly infer that an order for new trial based on the facts or evidence is......
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Jessup v. Hansen, 0717
...but also the duty to grant a new trial if the jury verdict is contrary to the fair preponderance of the evidence. Mack v. Frito-Lay, Inc., 243 S.C. 376, 133 S.E.2d 833 (1963). Dent v. Redd, 270 S.C. 585, 243 S.E.2d 460 We hold the trial judge properly ruled. 3. Hansen also claims the trial ......
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Dent v. Redd
...v. Terrain, Inc., 267 S.C. 186, 227 S.E.2d 184 (1976); Adams v. Duffie, 244 S.C. 365, 137 S.E.2d 276 (1964); Mack v. Frito-Lay, Inc., 243 S.C. 376, 133 S.E.2d 833 (1963). The record in this case demonstrates that the testimony and evidence are in conflict on the issues of fact. Since the tr......
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Epting v. Bell, 19603
...that an order granting a new trial on such ground is not appealable. Lee v. Kirby, 243 S.C. 185, 133 S.E. (2d) 127; Mack v. FritoLay et al., 243 S.C. 376, 133 S.E. (2d) 833.' Appeal ...