Strickland v. Prince
| Decision Date | 05 May 1966 |
| Docket Number | No. 18498,18498 |
| Parties | A. Derrick STRICKLAND, Appellant, v. Joseph Carl PRINCE, Respondent. |
| Court | South Carolina Supreme Court |
H. T. Abbott, Conway, for appellant.
McCaskill & Thompson, Conway, for respondent.
This action arose out of an automobile collision in which plaintiff, although there was no physical impact on his person, claimed to have sustained, in addition to property damage, shock which resulted in injury and damage to his nervous system with resulting disability and loss of earnings. The trial of the case resulted in a verdict for plaintiff in the amount of $7,750.00, of which the sum of $608.15 was admittedly for property damage and the remainder for damages resulting from injury to plaintiff's nervous system. Upon the rendition of the verdict, defendant moved for a new trial nisi. Responsive to the motion, the trial judge granted a new trial, unless plaintiff remitted so much of the verdict as represented damages for personal injury, leaving only the verdict for property damage in the amount of $608.15. Plaintiff, instead of remitting, has appealed.
Since the plaintiff failed to remit in accordance with the order granting a new trial nisi, the effect of the order is to grant a new trial absolute. Collins v. Johnson, 245 S.C. 215, 139 S.E.2d 915. This appeal is therefore from an order granting a new trial.
The new trial was granted upon the ground that 'the plaintiff has failed to carry the burden of proof in connecting his disability and related damages to the collision in question.' We interpret the order of the lower court as based upon the conclusion that the portion of the verdict for damages for personal injury was contrary to the fair preponderance of the evidence. It was not based upon an error of law, nor upon the ground that the verdict was excessive, but upon a consideration of the evidence and a conclusion contrary to that of the jury with reference to the elements of damage in question. An order for a new trial based upon such considerations is not appealable. Donkle v. Forster, 238 S.C. 90, 119 S.E.2d 231; Adams v. Duffie, 244 S.C. 365, 137 S.E.2d 276.
Appeal dismissed.
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May v. Breer Bros., Inc.
...P. 299, 300 (1918); see also Gloria v. A Colonia Portuguesa, 128 Cal.App. 640, 642-43, 18 P.2d 87, 88 (1933); Strickland v. Prince, 247 S.C. 497, 499, 148 S.E.2d 161, 162 (1966); Hahn v. Yackley, supra, 84 Nev. at 52, 436 P.2d at 217; 58 Am.Jur.2d New Trial § 217, at An exception to this ru......
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Daniel v. Sharpe Const. Co., Inc., 20682
...a new trial nisi instead of remitting, the order is viewed, on appeal, as one granting a new trial absolute. Strickland v. Prince, 247 S.C. 497, 148 S.E.2d 161 (1966). Collins v. Johnson, 245 S.C. 215, 139 S.E.2d 915 (1965). Therefore, the plaintiff's challenge to the trial judge's order be......
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Able v. Young
...of he evidence by the trial judge, and a conclusion therefrom contrary to that of the jury, is not appealable. Strickland v. Prince, 247 S.C. 497, 148 S.E.2d 161 (1966); Robinson v. Fuller, 249 S.C. 342, 154 S.E.2d 431 (1967); Rowe v. Frick, 250 S.C. 499, 159 S.E.2d 47 (1968); Sellers v. Se......
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Sellers v. Sears Roebuck & Co., 18871
...remit in accordance with the order granting a new trial nisi, the effect of the order is to grant a new trial absolute. Strickland v. Prince, 247 S.C. 497, 148 S.E.2d 161. Such was the effect in this case of the conditional remission. Plaintiff remitted on condition that defendant did not a......