Legal Opinion
Southern Railway Co. v. Coltex, Inc.
Supreme Court of South Carolina
Decided April 4, 1985No. 22276PublishedCited by 5 opinions
1Per curiam
We granted certiorari to review the judgment of the Court of Appeals. The opinion of the Court of Appeals reported at 282 S. C. 321, 318 S. E. (2d) 284 (1984) is based upon an error of law and is quashed.
The sole issue is whether a trial judge ex mero motu can grant a new trial on a ground not raised by a party. We hold he cannot. We quash the opinion of the Court of Appeals and reinstate the jury’s verdict.
Respondent Southern Railway sued appellant Coltex to recover monies due for shipment and storage charges due on five of Coltex’s trailers still in Southern’s possession. Coltex denied it…
2Cases cited5 opinions
- South Carolina State Highway Department v. ClarksonSupreme Court of South Carolina · 1976
- South Carolina State Highway Department v. Terrain, Inc.Supreme Court of South Carolina · 1976
- Eaddy v. Jackson Beauty Supply Co.Supreme Court of South Carolina · 1964
- SC DEPT. OF HIGHWAYS & PUBLIC TRANSPORTATION v. MooneyhamSupreme Court of South Carolina · 1980
- Southern Railway Co. v. Coltex, Inc.Court of Appeals of South Carolina · 1984
3Cited by5 opinions
- Parish v. CommonwealthCourt of Appeals of Virginia · 2010
- Sierra v. SkeltonCourt of Appeals of South Carolina · 1992
- State v. DICAPUASupreme Court of South Carolina · 2009
- Winters v. FIDDIECourt of Appeals of South Carolina · 2011
- Winters v. FIDDIECourt of Appeals of South Carolina · 2011