Yazoo & Mississippi Valley Railroad v. Reid

48 So. 952, 90 Miss. 616

Opinion

Calhoon, J.,

delivered the opinion of the court.

Appellee brought his action in the court below for damages for personal injuries. The court below granted a peremptory instruction for the railroad company. Then the appellee, plaintiff helow, moved the court to set aside the verdict and grant him a new trial, which was done, and the railroad company appeals from the order granting a new trial; the appeal being taken under § 4910 of the Code of 1906.

This appeal must be dismissed, because it is not from a final judgment of the court. Code 1906, § 33. See opinion and concurring opinion in Y. & M. V. R. R. Co. v. Wallace, ante, s.c., 43 South., 469.

Appeal dismissed.