Yazoo & Mississippi Valley Railroad v. Reid

Mississippi Supreme Court March 15, 1907

Yazoo & Mississippi Valley Railroad v. Reid, 90 Miss. 616 (Miss. 1907)

48 So. 952

Calhoon

Opinion of the Court

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.

Reference

Full Case Name: Yazoo & Mississippi Valley Railroad Company v. Henry F. Reid
Cited By: 3 cases
Status: Published
Syllabus: Appeals: Interlocutory circuit court judgments. Code 1906, § 4910; Code 1906, § 4911. Code 1906, § 4910, purporting to provide that a circuit court should not grant a new trial because of an excessive verdict but that the supreme court might in such case require a remittitur, and Code 1906, § 4911, purporting to authorize appeals from certain interlocutory judgments of the circuit court, being parts each o£ the other, and one of them being unconstitutional (see Yazoo, etc., Co. v. Wallace, the last preceding case in this volume), the other falls with it.