MacK v. Frito-Lay, Inc.

Supreme Court of South Carolina

MacK v. Frito-Lay, Inc.

133 S.E.2d 833, 243 S.C. 376, 1963 S.C. LEXIS 50

Supreme Court of South Carolina·Decided December 18, 1963·No. 18145·Published·Cited by 7 cases

Opinion

PER CURIAM.

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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PER CURIAM.

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.

MacK v. Frito-Lay, Inc., 133 S.E.2d 833, 243 S.C. 376, 1963 S.C. LEXIS 50 (S.C. 1963).

Pincite

133 S.E.2d 833 (MacK v. Frito-Lay, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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